New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter II - Miscellaneous
Part 7210 - Substitute Jail Orders
Section 7210.5 - Criteria
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7210.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The commission shall issue a substitute jail order authorizing the confinement of some or all of the inmates of a facility in another suitable place or facility, or upon the consent of the commissioner, an institution, under any of the following circumstances:
(1) when the facility in which
the inmate or inmates are confined becomes unfit or unsafe for their continued
confinement, is unable to properly maintain its inmates or a group of inmates
in proper classification, or when the inmate count of such facility reaches a
level which renders it unsafe or imprudent for the confinement of the total
inmate population, and a reduction in the number of inmates is deemed
advisable;
(2) when, as a result of
natural or civil disaster, inmate disturbance or other factors which render it
unsafe or unsound to house inmates in a given area, the evacuation of such
inmates is required;
(3) when the
safety or security of an inmate or group of inmates is threatened by their
confinement in a facility and the facility administrator reasonably believes
that the public interest, as well as the safety of the inmates, would be better
served by their being housed in another suitable place or facility;
(4) when the facility is unable to provide
vital services, such as medical, mental health and food services, and the
facility administrator reasonably believes that such services are more readily
available at another suitable place or facility; or
(5) when, due to extraordinary circumstances,
the facility administrator determines that the public interest and facility
security would be served by the transfer of an inmate or group of inmates to
another suitable place or facility.
(b) The commission may issue either an individual order authorizing the transfer of an inmate or group of inmates from one facility to another or an open order which authorizes the facility to transfer any inmate to another facility. All open orders shall be subject to review by the commission every 90 days.
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