§ 94. Use of local government institutions for residential treatment
of persons under the custody of the state department of corrections and
community supervision. 1. The state commissioner of corrections and
community supervision is hereby authorized to transfer any incarcerated
individual under the care or custody of the department who is eligible
to be transferred to a residential treatment facility under section
seventy-three of this chapter to any county jail, workhouse or
penitentiary for the purpose of having such incarcerated individual
engage in a residential treatment facility program; provided, however,
that:

(a) Such incarcerated individual has resided or was employed or has
dependents or parents who reside in the county, or in a county that is
contiguous to the county, in which the institution to which he or she
would be transferred is located;

(b) Arrangements have been made for the education, on-the-job
training, employment or for some other rehabilitative treatment of such
incarcerated individual in the county, or in a county that is contiguous
to the county, in which the institution to which he or she would be
transferred is located; and

(c) The sheriff, warden, superintendent, local commissioner of
correction or other person in charge of the institution to which the
incarcerated individual would be transferred consents to such transfer.

2. An incarcerated individual so transferred shall continue to be in
the custody of the state department of corrections and community
supervision but shall, during the period of such transfer, be in the
care of the head of the institution to which he or she is transferred.
The provisions of section seventy-three of this chapter shall apply in
the case of any such transfer as fully and completely as if the
incarcerated individual were transferred to a residential treatment
facility, and the head of the institution to which the incarcerated
individual is transferred and the officers and employees thereof shall
have and may exercise all of the powers of the superintendent of a
residential treatment facility with respect to the care or custody of
such incarcerated individual.

In any case where an incarcerated individual is employed, however, the
provisions of subdivision nine of such section seventy-three shall not
apply and the wages or salary of such incarcerated individual shall be
dealt with under the provisions applicable to a work release program in
the type of institution to which he or she is transferred as provided in
section one hundred fifty-four or eight hundred seventy-two of this
chapter as the case may be; and in the event such incarcerated
individual is returned to a state correctional facility, any balance
remaining in the trust fund account shall be paid over to the
superintendent of such facility and shall be deposited by him or her as
incarcerated individuals' funds pursuant to section one hundred sixteen
of this chapter.

3. If at any time the head of a local institution to which an
incarcerated individual is transferred under this section is of the
opinion that continued care of such incarcerated individual in such
institution is inconsistent with the welfare or safety of the community
or of the institution or its incarcerated individuals, he or she may
request the state commissioner to return such incarcerated individual to
a state correctional facility and, upon the receipt of any such request,
the commissioner shall cause such incarcerated individual to be so
returned promptly and at the expense of the state department of
corrections and community supervision.

4. The expenses of any such transfer shall be paid by the state
department of corrections and community supervision and the commissioner
is hereby authorized to reimburse the local institution for a sum
determined by the head of such institution and agreed to in advance by
the commissioner to be the cost of food, lodging and clothing within the
institution, and the actual and necessary food, travel and other
expenses required for a program outside the institution, incurred or
advanced by the institution; provided, however, that:

(a) In any case where the commissioner has a pending agreement with a
locality under section ninety-one of this article, the commissioner
shall not reimburse the local institution for any cost incurred for
food, lodging and clothing within the institution; and

(b) The wages or salary, if any, of such incarcerated individual shall
be used for such reimbursement and shall be applied to defray any costs
authorized to be paid under this section before any amount shall be paid
by the commissioner hereunder, and any such wages or salary may be so
applied irrespective of the provisions of paragraph (a) of this
subdivision.