§ 89-c. Use of alternate correctional facilities. 1. Alternate
correctional facilities shall serve only to supplement local
correctional facilities within the city of New York. In considering
whether to assign an eligible incarcerated individual to an alternate
correctional facility or to transfer such incarcerated individual from
such facility, preference shall be given to available space suitable for
housing sentenced incarcerated individuals at local correctional
facilities within the city of New York.

2. Consistent with the provisions of this article and subject to the
applicable rules and regulations for operation of alternate correctional
facilities and the provisions of the operation agreement, assignment of
incarcerated individuals to alternate correctional facilities shall be
made jointly by the commissioner and the commissioner of the New York
city department of correction. In making such assignments, consideration
shall be given to incarcerated individuals who have a greater period of
time remaining to be served on their sentences, taking into account any
applicable jail time and good behavior time. No incarcerated individual
who is eligible for educational services pursuant to subdivision seven
of section three thousand two hundred two of the education law and who
chooses to avail himself or herself of such services shall be assigned
to an alternate correctional facility.

3. Incarcerated individuals assigned to alternate correctional
facilities shall be returned to a local correctional facility within the
city of New York at any such time as the commissioner determines:

(a) that the assignment was not in accordance with this article, or

(b) that the confinement of an incarcerated individual in an alternate
correctional facility is no longer suitable because it potentially
endangers the safety, security or order of the facility.

4. Any incarcerated individual who is eligible for educational
services pursuant to subdivision seven of section three thousand two
hundred two of the education law shall also be returned to a New York
city local correctional facility if he or she chooses to avail himself
or herself of such services.

5. Incarcerated individuals assigned to alternate correctional
facilities shall be returned to a New York city correctional facility
within the city of New York no later than seven days prior to their
scheduled release or discharge from incarceration.

6. Notwithstanding any other provisions of law, no incarcerated
individuals from jurisdictions other than the city of New York shall be
housed at any time in an alternate correctional facility.