Section 93. Temporary custody of sentenced inmates in emergencies

1.
  Whenever a state of emergency shall be declared by the  chief  executive
  officer  of a local government pursuant to section two hundred nine-m of
  the general municipal law, the chief executive officer of the county  in
  which such state of emergency is declared, or where a county or counties
  are  wholly  within  a  city  the  mayor  of  such city, may request the
  governor  to  remove  all  or  any  number  of  sentenced  inmates  from
  institutions  maintained  by  such  county or city. Upon receipt of such
  request, if the governor  is  satisfied  that  the  public  interest  so
  requires,  the governor may, in his discretion, authorize and direct the
  state commissioner of correction to remove such inmates.
    2. Upon receipt of  any  such  direction  the  state  commissioner  of
  correction  shall transport such inmates to any correctional facility in
  the department and such inmates shall be retained in the custody of  the
  department,  subject to all laws and rules and regulations pertaining to
  inmates in  the  custody  of  the  department,  until  returned  to  the
  institution  from  which  they were removed or discharged or released in
  accordance with the law.
    3. In the event that the state department of correction does not  have
  space in its correctional facilities to accommodate all or any number of
  the  inmates  so  removed  from a local institution, the commissioner of
  correction shall have the power to lodge any number of such  inmates  in
  any  county  jail,  workhouse  or penitentiary within the state that has
  room to receive them and such institution shall be required  to  receive
  such  inmates.  Inmates  so  lodged  shall  be  subject to all rules and
  regulations pertaining to inmates committed to  such  institution  until
  returned  to the institution from which they were removed, or removed to
  a state correctional facility, or discharged or released  in  accordance
  with  the  law;  provided,  however, that inmates discharged or released
  from any such local institution shall be entitled to  receive  clothing,
  money  and transportation from the state department of correction to the
  same extent as inmates discharged or released from a state  correctional
  facility.
    4.  When  sentenced  inmates  have  been  removed  from a penitentiary
  pursuant to this section, such penitentiary may be used for the  purpose
  of  detention  of  prisoners  awaiting trial or for any other purpose to
  which a county jail may be put.
    5. The  original  order  of  commitment  and  any  other  case  record
  pertaining  to  inmates  removed  pursuant  to  this  section  shall  be
  delivered to the head of any institution in which he may be  lodged  and
  shall  be  returned  to the institution from which he was removed at the
  time of his return to such institution or upon his release or  discharge
  in accordance with the law.
    6. Inmates removed from a local institution pursuant to a request made
  under   subdivision  one  of  this  section  may  be  returned  to  such
  institution by the state commissioner  of  correction,  subject  to  the
  approval  of  the  governor,  at any time such commissioner is satisfied
  that the return of such inmates is  not  inconsistent  with  the  public
  interest.
    7.  The  county or city maintaining the institution from which inmates
  are removed pursuant to subdivision one of this section shall be  liable
  for  all  damages  arising  out  of  any  act performed pursuant to this
  section and for reimbursement for the following items:
    (a) The cost of clothing, money and transportation  furnished  to  any
  inmate  who is released or discharged prior to the return of such inmate
  to the institution from which he is removed shall be paid to  the  state
  department of correction; and

    (b)  The cost of maintaining any inmate in a county jail, workhouse or
  penitentiary shall be paid to the local government that  maintains  such
  institution.  Such  cost  shall  be the actual per capita daily cost, as
  certified to the state commissioner of correction.