§ 95. Use of local government institutions for confinement of persons
under custody with or awaiting transfer to the department. 1.
Notwithstanding any other provision of law, the commissioner is hereby
authorized to contract with any county or the city of New York for the
use of a local correctional facility to provide for the care and custody
of any person convicted of an offense and sentenced to a determinate or
to an indeterminate sentence of imprisonment who is awaiting transfer to
or has been transferred to the custody of the department as required by
section 430.20 of the criminal procedure law; provided, however, that
any such contract under this section shall not include persons charged
with or found to be in violation of parole or conditional release
pursuant to subdivision three of section two hundred fifty-nine-i of the
executive law.

2. Any such incarcerated individual shall be deemed to be in the
custody of and subject to the jurisdiction of the department but shall,
during the period of his or her local confinement, be under the care of
the head of the local correctional facility in which he or she resides.

3. If at any time the head of the local correctional facility is of
the opinion that the continued care of such incarcerated individual in
the local correctional facility is inconsistent with the welfare or
safety of the incarcerated individual, the community, the facility or
other incarcerated individuals, he or she may demand that such
incarcerated individual be transferred forthwith to the custody of the
department. Thereafter, the department shall be obligated to receive
into its custody such incarcerated individual in the manner prescribed
for the acceptance of newly sentenced incarcerated individuals required
by section 430.20 of the criminal procedure law unless the contract
specifies an alternative method of transfer. Notwithstanding the
foregoing, in any case where the incarcerated individual in the care of
the local correctional facility pursuant to a contract as provided for
in this section is convicted of a class A-1 felony offense or a class B
violent felony offense or a class C violent felony offense, the head of
the local correctional facility may demand that such incarcerated
individual be transferred forthwith to the custody of the department.
Thereafter, the department shall be obligated to receive into its
custody such incarcerated individual within forty-eight hours of receipt
of such demand from the head of the local correctional facility.

4. The commissioner is hereby authorized to reimburse the contracting
county or the city of New York for a sum equivalent to the actual per
day per capita cost, as certified by the appropriate local official, or
one hundred dollars per day per capita, whichever is less.

5. No incarcerated individual shall be housed in a local correctional
facility or series of local correctional facilities pursuant to a
contract under subdivision one of this section for a period exceeding
six months.