§ 93. Temporary custody of sentenced incarcerated individuals in
emergencies. 1. Whenever a state of emergency shall be declared by the
chief executive officer of a local government pursuant to section two
hundred nine-m of the general municipal law, the chief executive officer
of the county in which such state of emergency is declared, or where a
county or counties are wholly within a city the mayor of such city, may
request the governor to remove all or any number of sentenced
incarcerated individuals from institutions maintained by such county or
city. Upon receipt of such request, if the governor is satisfied that
the public interest so requires, the governor may, in his or her
discretion, authorize and direct the state commissioner of corrections
and community supervision to remove such incarcerated individuals.

2. Upon receipt of any such direction the state commissioner of
corrections and community supervision shall transport such incarcerated
individuals to any correctional facility in the department and such
incarcerated individuals shall be retained in the custody of the
department, subject to all laws and rules and regulations pertaining to
incarcerated individuals in the custody of the department, until
returned to the institution from which they were removed or discharged
or released in accordance with the law.

3. In the event that the state department of corrections and community
supervision does not have space in its correctional facilities to
accommodate all or any number of the incarcerated individuals so removed
from a local institution, the commissioner shall have the power to lodge
any number of such incarcerated individuals in any county jail,
workhouse or penitentiary within the state that has room to receive them
and such institution shall be required to receive such incarcerated
individuals. Incarcerated individuals so lodged shall be subject to all
rules and regulations pertaining to incarcerated individuals committed
to such institution until returned to the institution from which they
were removed, or removed to a state correctional facility, or discharged
or released in accordance with the law; provided, however, that
incarcerated individuals discharged or released from any such local
institution shall be entitled to receive clothing, money and
transportation from the state department of corrections and community
supervision to the same extent as incarcerated individuals discharged or
released from a state correctional facility.

4. When sentenced incarcerated individuals have been removed from a
penitentiary pursuant to this section, such penitentiary may be used for
the purpose of detention of prisoners awaiting trial or for any other
purpose to which a county jail may be put.

5. The original order of commitment and any other case record
pertaining to incarcerated individuals removed pursuant to this section
shall be delivered to the head of any institution in which he or she may
be lodged and shall be returned to the institution from which he or she
was removed at the time of his or her return to such institution or upon
his or her release or discharge in accordance with the law.

6. Incarcerated individuals removed from a local institution pursuant
to a request made under subdivision one of this section may be returned
to such institution by the state commissioner of corrections and
community supervision, subject to the approval of the governor, at any
time such commissioner is satisfied that the return of such incarcerated
individuals is not inconsistent with the public interest.

7. The county or city maintaining the institution from which
incarcerated individuals are removed pursuant to subdivision one of this
section shall be liable for all damages arising out of any act performed
pursuant to this section and for reimbursement for the following items:

(a) The cost of clothing, money and transportation furnished to any
incarcerated individual who is released or discharged prior to the
return of such incarcerated individual to the institution from which he
or she is removed shall be paid to the state department of corrections
and community supervision; and

(b) The cost of maintaining any incarcerated individual in a county
jail, workhouse or penitentiary shall be paid to the local government
that maintains such institution. Such cost shall be the actual per
capita daily cost, as certified to the state commissioner of corrections
and community supervision.