§ 504. Designation of substitute jail. 1. (a) If there is no jail in a
county, or the jail becomes unfit or unsafe for the confinement of some
or all of the incarcerated individuals, civil or criminal, or is
destroyed by fire or otherwise, or if a pestilential disease breaks out
in the jail or in the vicinity of the jail and the physician to the jail
certifies that it is likely to endanger the health of any or all of the
incarcerated individuals in the jail, the state commission of
correction, upon application, must, by an instrument in writing, filed
with the clerk of the county, designate another suitable place within
the county, or the jail of any other county, for the confinement of some
or all of the incarcerated individuals, as the case requires. The place
so designated thereupon becomes, to all intents and purposes, except as
otherwise prescribed in this article, the jail of the county for which
it has been so designated, and the purposes expressed in the instrument
designating the same. The designation may be amended, modified or
revoked by the state commission of correction by a subsequent instrument
in writing filed with the clerk of the county.

(b) If transfer to the jail of another county would allow for an
incarcerated individual's participation in beneficial programming, the
state commission of correction, upon application and the consent of such
incarcerated individual and any involved sheriff, may, by an instrument
in writing, filed with the clerk of the county, designate the jail of
such other county, for the confinement of such incarcerated individual,
as the case requires. The jail so designated thereupon becomes, to all
intents and purposes, except as otherwise prescribed in this article,
the jail of the county for which it has been so designated, and the
purposes expressed in the instrument designating the same. The
designation may be amended, modified or revoked by the state commission
of correction by a subsequent instrument in writing filed with the clerk
of the county.

2. Where the jail in a county becomes unfit or unsafe for the
confinement of some or all of the incarcerated individuals due to an
incarcerated individual disturbance or other extraordinary
circumstances, including but not limited to a natural disaster,
unanticipated deficiencies in the structural integrity of a facility or
the inability to provide one or more incarcerated individuals with
essential services such as medical care, upon the request of the
municipal official as defined in subdivision four of section forty of
this chapter and no other suitable place within the county nor the jail
of any other county is immediately available to house some or all of the
incarcerated individuals, the commissioner of corrections and community
supervision may, in his or her sole discretion, make available, upon
such terms and conditions as he or she may deem appropriate, all or any
part of a state correctional institution for the confinement of some or
all of such incarcerated individuals as an adjunct to the county jail
for a period not to exceed thirty days. However, if the county jail
remains unfit or unsafe for the confinement of some or all of such
incarcerated individuals beyond thirty days, the state commission of
correction, with the consent of the commissioner of corrections and
community supervision, may extend the availability of a state
correctional institution for one or more additional thirty day periods.
The state commission of correction shall promulgate rules and
regulations governing the temporary transfer of incarcerated individuals
to state correctional institutions from county jails, including but not
limited to provisions for confinement of such incarcerated individuals
in the nearest correctional facility, to the maximum extent practicable,
taking into account necessary security. The commissioner of corrections
and community supervision may, in his or her sole discretion, based on
standards promulgated by the department, determine whether a county
shall reimburse the state for any or all of the actual costs of
confinement as approved by the director of the division of the budget.
On or before the expiration of each thirty day period, the state
commission of correction must make an appropriate designation pursuant
to subdivision one of this section if the county jail remains unfit or
unsafe for the confinement of some or all of the incarcerated
individuals and consent to the continued availability of a state
correctional institution as required for herein. The superintendence,
management and control of a state correctional institution or part
thereof made available pursuant hereto and the incarcerated individuals
housed therein shall be as directed by the commissioner of corrections
and community supervision.

3. The county clerk must serve a copy of the designation, duly
certified by him or her, under his or her official seal, on the sheriff
and keeper of the jail of the county designated. The sheriff of that
county must, upon the delivery of the sheriff of the county for which
the designation is made, receive into his or her jail, and there safely
keep, all persons who may be lawfully confined therein, pursuant to this
article; and he or she is responsible for their safekeeping, as if he or
she was sheriff of the county for which the designation is made.

4. In any county where a jail is under the jurisdiction of a
commissioner of correction the term sheriff as set forth in this section
shall be deemed to mean the commissioner of correction of such county.

5. As provided in this section, any designation of the state
commission of correction, or any amendment, modification or revocation
thereto, may be issued by the commission, any member, or any attorney
employed by the commission.