N.Y. COR Law § 89-C

§ 89-c. Use of alternate correctional facilities. 1. Alternate\ncorrectional facilities shall serve only to supplement local\ncorrectional facilities within the city of New York. In considering\nwhether to assign an eligible incarcerated individual to an alternate\ncorrectional facility or to transfer such incarcerated individual from\nsuch facility, preference shall be given to available space suitable for\nhousing sentenced incarcerated individuals at local correctional\nfacilities within the city of New York.\n 2. Consistent with the provisions of this article and subject to the\napplicable rules and regulations for operation of alternate correctional\nfacilities and the provisions of the operation agreement, assignment of\nincarcerated individuals to alternate correctional facilities shall be\nmade jointly by the commissioner and the commissioner of the New York\ncity department of correction. In making such assignments, consideration\nshall be given to incarcerated individuals who have a greater period of\ntime remaining to be served on their sentences, taking into account any\napplicable jail time and good behavior time. No incarcerated individual\nwho is eligible for educational services pursuant to subdivision seven\nof section three thousand two hundred two of the education law and who\nchooses to avail himself or herself of such services shall be assigned\nto an alternate correctional facility.\n 3. Incarcerated individuals assigned to alternate correctional\nfacilities shall be returned to a local correctional facility within the\ncity of New York at any such time as the commissioner determines:\n (a) that the assignment was not in accordance with this article, or\n (b) that the confinement of an incarcerated individual in an alternate\ncorrectional facility is no longer suitable because it potentially\nendangers the safety, security or order of the facility.\n 4. Any incarcerated individual who is eligible for educational\nservices pursuant to subdivision seven of section three thousand two\nhundred two of the education law shall also be returned to a New York\ncity local correctional facility if he or she chooses to avail himself\nor herself of such services.\n 5. Incarcerated individuals assigned to alternate correctional\nfacilities shall be returned to a New York city correctional facility\nwithin the city of New York no later than seven days prior to their\nscheduled release or discharge from incarceration.\n 6. Notwithstanding any other provisions of law, no incarcerated\nindividuals from jurisdictions other than the city of New York shall be\nhoused at any time in an alternate correctional facility.\n