95. Use of local government institutions for confinement of persons under custody with or awaiting transfer to the department. 1. Notwithstanding any other provision of law, the commissioner is hereby authorized to contract with any county or the city of New York for the use of a local correctional facility to provide for the care and custody of any person convicted of an offense and sentenced to a determinate or to an indeterminate sentence of imprisonment who is awaiting transfer to or has been transferred to the custody of the department as required by section 430.20 of the criminal procedure law; provided, however, that any such contract under this section shall not include persons charged with or found to be in violation of parole or conditional release pursuant to subdivision three of section two hundred fifty-nine-i of the executive law.
2. Any such inmate shall be deemed to be in the custody of and subject to the jurisdiction of the department but shall, during the period of his or her local confinement, be under the care of the head of the local correctional facility in which he or she resides.
3. If at any time the head of the local correctional facility is of the opinion that the continued care of such inmate in the local correctional facility is inconsistent with the welfare or safety of the inmate, the community, the facility or other inmates, he may demand that such inmate be transferred forthwith to the custody of the department. Thereafter, the department shall be obligated to receive into its custody such inmate in the manner prescribed for the acceptance of newly sentenced inmates required by section 430.20 of the criminal procedure law unless the contract specifies an alternative method of transfer. Notwithstanding the foregoing, in any case where the inmate in the care of the local correctional facility pursuant to a contract as provided for in this section is convicted of a class A-1 felony offense or a class B violent felony offense or a class C violent felony offense, the head of the local correctional facility may demand that such inmate be transferred forthwith to the custody of the department. Thereafter, the department shall be obligated to receive into its custody such inmate within forty-eight hours of receipt of such demand from the head of the local correctional facility.
4. The commissioner is hereby authorized to reimburse the contracting county or the city of New York for a sum equivalent to the actual per day per capita cost, as certified by the appropriate local official, or one hundred dollars per day per capita, whichever is less.
5. No inmate shall be housed in a local correctional facility or series of local correctional facilities pursuant to a contract under subdivision one of this section for a period exceeding six months.
Last modified: February 3, 2019