New York Laws
Article 2 - Department of Corrections and Community Supervision
23 - Transfer of Incarcerated Individuals From One Correctional Facility to Another; Treatment in Outside Hospitals.

§ 23. Transfer of incarcerated individuals from one correctional
facility to another; treatment in outside hospitals. 1. The commissioner
shall have the power to transfer incarcerated individuals from one
correctional facility to another. Whenever the transfer of incarcerated
individuals from one correctional facility to another shall be ordered
by the commissioner, the superintendent of the facility from which the
incarcerated individuals are transferred shall take immediate steps to
make the transfer. The transfer shall be in accordance with rules and
regulations promulgated by the department for the safe delivery of such
incarcerated individuals to the designated facility. Within twenty-four
hours of arriving at the facility to which an incarcerated individual is
transferred, he or she shall be allowed to make at least one personal
phone call, except when to do so would create an unacceptable risk to
the safety and security of incarcerated individuals or staff. If
security precautions prevent the incarcerated individual from making
such call, a staff member designated by the superintendent of the
facility shall make a call to a person of the incarcerated individual's
choice unless the incarcerated individual declines to have such a call
made.

2. The commissioner, in his or her discretion, may by written order
permit incarcerated individuals to receive medical diagnosis and
treatment in outside hospitals, upon the recommendation of the
superintendent or director that such outside treatment or diagnosis is
necessary by reason of inadequate facilities within the institution.
Such incarcerated individuals shall remain under the jurisdiction and in
the custody of the department while in said outside hospital and said
superintendent or director shall enforce proper measures in each case to
safely maintain such jurisdiction and custody.

3. The cost of transporting incarcerated individuals between
facilities and to outside hospitals shall be paid from funds
appropriated to the department for such purpose.

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