504 - Designation of substitute jail.

§  504.  Designation  of  substitute jail. 1. If there is no jail in a  county, or the jail becomes unfit or unsafe for the confinement of  some  or  all  of  the  inmates, civil or criminal, or is destroyed by fire or  otherwise, or if a pestilential disease breaks out in the jail or in the  vicinity of the jail and the physician to the jail certifies that it  is  likely  to endanger the health of any or all of the inmates in the jail,  the state commission  of  correction,  upon  application,  must,  by  an  instrument  in  writing,  filed  with the clerk of the county, designate  another suitable place within the county,  or  the  jail  of  any  other  county,  for  the confinement of some or all of the inmates, as the case  requires. The place so designated thereupon becomes, to all intents  and  purposes,  except  as  otherwise prescribed in this article, the jail of  the county for which  it  has  been  so  designated,  and  the  purposes  expressed in the instrument designating the same. The designation may be  amended,  modified or revoked by the state commission of correction by a  subsequent instrument in writing filed with the clerk of the county.    2. Where the jail  in  a  county  becomes  unfit  or  unsafe  for  the  confinement  of  some or all of the inmates due to an inmate disturbance  or other extraordinary circumstances, including but  not  limited  to  a  natural disaster, unanticipated deficiencies in the structural integrity  of  a  facility  or  the  inability  to provide one or more inmates with  essential services such  as  medical  care,  upon  the  request  of  the  municipal  official  as  defined in subdivision four of section forty of  this chapter and no other suitable place within the county nor the  jail  of any other county is immediately available to house some or all of the  inmates,  the  commissioner  of correctional services may, in his or her  sole discretion, make available, upon such terms and  conditions  as  he  may   deem  appropriate,  all  or  any  part  of  a  state  correctional  institution for the confinement of some or all of  such  inmates  as  an  adjunct  to  the  county  jail  for  a period not to exceed thirty days.  However, if the county jail remains unfit or unsafe for the  confinement  of  some or all of such inmates beyond thirty days, the state commission  of correction, with the consent  of  the  commissioner  of  correctional  services,   may   extend   the  availability  of  a  state  correctional  institution for one or more additional thirty  day  periods.  The  state  commission   of   correction  shall  promulgate  rules  and  regulations  governing the  temporary  transfer  of  inmates  to  state  correctional  institutions  from  county jails including but not limited to provisions  for confinement of such inmates in the nearest correctional facility, to  the maximum extent practicable, taking into account necessary  security.  The  commissioner  of  correctional  services  may,  in  his or her sole  discretion, based on standards promulgated by the department,  determine  whether  a county shall reimburse the state for any or all of the actual  costs of confinement as approved by the director of the division of  the  budget. On or before the expiration of each thirty day period, the state  commission  of  correction must make an appropriate designation pursuant  to subdivision one if the county jail remains unfit or  unsafe  for  the  confinement  of  some or all of the inmates and consent to the continued  availability of a state correctional institution as required for herein.  The superintendence, management and  control  of  a  state  correctional  institution  or  part  thereof  made  available  pursuant hereto and the  inmates housed therein shall be  as  directed  by  the  commissioner  of  correctional services.    3.  The  county  clerk  must  serve  a  copy  of the designation, duly  certified by him, under his official seal, on the sheriff and keeper  of  the jail of the county designated. The sheriff of that county must, upon  the  delivery  of the sheriff of the county for which the designation is  made, receive into his jail, and there safely keep, all persons who  maybe  lawfully  confined  therein,  pursuant  to  this  article; and he is  responsible for their safekeeping, as if he was sheriff  of  the  county  for which the designation is made.    4.  In  any  county  where  a  jail  is  under  the  jurisdiction of a  commissioner of correction the term sheriff as set forth in this section  shall be deemed to mean the commissioner of correction of such county.