New York § 23 - 23Transfer of incarcerated individuals from one correctional facility to another; treatment in outside hospitals

§ 23. 23Transfer 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.