N.Y. Correction Law 88 – Authorization for alternate correctional facilities
§ 88. Authorization for alternate correctional facilities. 1. As hereinafter provided in this article, the department is authorized and empowered to establish, operate and maintain under its jurisdiction no more than two alternate correctional facilities.
Terms Used In N.Y. Correction Law 88
- Alternate correctional facility: shall mean a correctional facility designed to house medium security incarcerated individuals as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible incarcerated individuals, as defined by subdivision four of this section. See N.Y. Correction Law 87
- Construction agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the construction of two alternate correctional facilities of approximately seven hundred beds each, one at Ogdensburg and one at Cape Vincent, New York. See N.Y. Correction Law 87
- Eligible incarcerated individuals: shall mean incarcerated individuals of a New York city correctional facility who are at least nineteen years of age, who are serving a definite, but not an intermittent, sentence of imprisonment, and who do not have criminal charges pending against them. See N.Y. Correction Law 87
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operation agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the operation of one or both alternate correctional facilities and addresses all related issues, including, but not limited to, general staffing levels and nature of staffing positions; composition of medical staff; availability of outside medical services; procedures and criteria for selecting eligible incarcerated individuals; availability and frequency of transportation of incarcerated individuals and visitors of incarcerated individuals to such facility; availability, content and frequency of programming for incarcerated individuals; mechanisms to establish, monitor and review operating and capital expenditures; and legal representation of both incarcerated individuals and employees of such facilities. See N.Y. Correction Law 87
2. In carrying out the purposes of this article, the department may acquire land for and construct the alternate correctional facilities authorized pursuant to this section.
3. Any acquisition of land for or construction of an alternate correctional facility shall be governed by section twenty-one of this chapter, § 127 of the state finance law and any other provisions of law applicable to the acquisition of land for and construction of state correctional facilities. The department, if it elects, shall be the lead agency for all purposes under Article 8 of the environmental conservation law with respect to alternate correctional facilities.
4. For each alternate correctional facility, the commissioner is hereby authorized and empowered to enter into a construction agreement, an operation agreement, and any other agreements or leases with the city of New York which are deemed by the commissioner to be necessary or convenient for the establishment, operation and maintenance of an alternate correctional facility. An operation agreement shall govern the operation of an alternate correctional facility for up to ten years after the commencement of housing of eligible incarcerated individuals at such facility. The commissioner shall not operate an alternate correctional facility except pursuant to an executed operation agreement.
5. All agreements entered into by the commissioner and the city of New York pursuant to this section shall be approved by the director of the budget and filed with the chairman of the senate finance committee, the chairman of the assembly ways and means committee, the chairman of the senate crime and corrections committee and the chairman of the assembly committee on correction.