Legislation
SECTION 14-B
Special provisions relating to local correctional facilities
Facilities Development Corporation Act 359/68 (FDC) CHAPTER ROOT
§ 14-b. Special provisions relating to local correctional facilities.
1. The corporation is authorized to enter into an agreement with a
municipality providing for the design, construction, reconstruction,
rehabilitation and improvement for such municipality of a local
correctional facility, as such term is defined in section forty of the
correction law, including any place used by a municipality for the
detention of persons charged with or convicted of a crime, at the sole
cost and expense of such municipality. A municipality, by resolution of
its governing body, is hereby authorized to enter into such an agreement
with the corporation and to provide for the payment to the corporation
of all expenses incurred at such times and in such amounts as shall be
set forth in the agreement, notwithstanding the provisions of any
general, special or local law or of any charter. The agreement shall
contain such other terms and conditions as may be agreed upon by the
corporation and the municipality. The corporation shall enter into an
agreement with a municipality prior to the commencement of any
corporation services. No agreement entered into between the facilities
development corporation and a municipality pursuant to this section
shall be effective until the director of the budget has determined that
the total estimated charge to be collected by the corporation from the
municipality is fair and reasonable in relationship to the estimated
total project cost and also that sufficient provisions exist to insure
the collection of such charge by the corporation from the municipality.
The corporation shall by regulation prescribe a procedure or procedures
for the application by a municipality to the corporation for its
assistance and the corporation's procedure or procedures for the design,
construction, reconstruction, rehabilitation and improvement of a local
correctional facility. Any such regulation shall be submitted to the
director of the budget for his approval prior to its effectiveness.
2. In the design, construction, reconstruction, rehabilitation and
improvement of a local correctional facility pursuant to an agreement
entered into as provided in subdivision one of this section, the
corporation shall be governed by the applicable provisions relating to
the design and construction of health facilities as set forth in
paragraphs c and d of subdivision two of section eight of this act.
1. The corporation is authorized to enter into an agreement with a
municipality providing for the design, construction, reconstruction,
rehabilitation and improvement for such municipality of a local
correctional facility, as such term is defined in section forty of the
correction law, including any place used by a municipality for the
detention of persons charged with or convicted of a crime, at the sole
cost and expense of such municipality. A municipality, by resolution of
its governing body, is hereby authorized to enter into such an agreement
with the corporation and to provide for the payment to the corporation
of all expenses incurred at such times and in such amounts as shall be
set forth in the agreement, notwithstanding the provisions of any
general, special or local law or of any charter. The agreement shall
contain such other terms and conditions as may be agreed upon by the
corporation and the municipality. The corporation shall enter into an
agreement with a municipality prior to the commencement of any
corporation services. No agreement entered into between the facilities
development corporation and a municipality pursuant to this section
shall be effective until the director of the budget has determined that
the total estimated charge to be collected by the corporation from the
municipality is fair and reasonable in relationship to the estimated
total project cost and also that sufficient provisions exist to insure
the collection of such charge by the corporation from the municipality.
The corporation shall by regulation prescribe a procedure or procedures
for the application by a municipality to the corporation for its
assistance and the corporation's procedure or procedures for the design,
construction, reconstruction, rehabilitation and improvement of a local
correctional facility. Any such regulation shall be submitted to the
director of the budget for his approval prior to its effectiveness.
2. In the design, construction, reconstruction, rehabilitation and
improvement of a local correctional facility pursuant to an agreement
entered into as provided in subdivision one of this section, the
corporation shall be governed by the applicable provisions relating to
the design and construction of health facilities as set forth in
paragraphs c and d of subdivision two of section eight of this act.