Section 94. Use of local government institutions for residential treatment of persons under the custody of the state department of correction

1.  The  state  commissioner  of correction is hereby authorized to transfer
  any inmate under the care or custody of the department who  is  eligible
  to  be  transferred  to  a  residential treatment facility under section
  seventy-three  of  this  chapter  to  any  county  jail,  workhouse   or
  penitentiary  for  the  purpose  of  having  such  inmate  engage  in  a
  residential treatment facility program; provided, however, that:
    (a) Such inmate has resided or  was  employed  or  has  dependents  or
  parents  who  reside in the county, or in a county that is contiguous to
  the county, in which the institution to which he would be transferred is
  located;
    (b)  Arrangements  have  been  made  for  the  education,   on-the-job
  training,  employment or for some other rehabilitative treatment of such
  inmate in the county, or in a county that is contiguous to  the  county,
  in  which  the  institution to which he would be transferred is located;
  and
    (c)  The  sheriff,  warden,  superintendent,  local  commissioner   of
  correction  or  other  person  in charge of the institution to which the
  inmate would be transferred consents to such transfer.
    2. An inmate so transferred shall continue to be in the custody of the
  state department of correction but shall,  during  the  period  of  such
  transfer,  be  in the care of the head of the institution to which he is
  transferred.  The provisions of section seventy-three  of  this  chapter
  shall  apply in the case of any such transfer as fully and completely as
  if the inmate were transferred to a residential treatment facility,  and
  the  head  of the institution to which the inmate is transferred and the
  officers and employees thereof shall have and may exercise  all  of  the
  powers  of  the  superintendent of a residential treatment facility with
  respect to the care or custody of such inmate.
    In any case where an inmate is employed, however,  the  provisions  of
  subdivision  nine  of such section seventy-three shall not apply and the
  wages or salary of such inmate shall be dealt with under the  provisions
  applicable to a work release program in the type of institution to which
  he  is transferred as provided in sections one hundred fifty-four, eight
  hundred seventy-two or eight hundred ninety-three as the  case  may  be;
  and  in  the  event  such  inmate  is  returned  to a state correctional
  facility, any balance remaining in the trust fund account shall be  paid
  over  to  the  superintendent of such facility and shall be deposited by
  him as inmates' funds pursuant to section one hundred  sixteen  of  this
  chapter.
    3.  If  at any time the head of a local institution to which an inmate
  is transferred under this section is of the opinion that continued  care
  of  such  inmate in such institution is inconsistent with the welfare or
  safety of the community or of the institution or  its  inmates,  he  may
  request  the  state  commissioner  to  return  such  inmate  to  a state
  correctional facility and, upon the receipt of  any  such  request,  the
  commissioner  shall  cause such inmate to be so returned promptly and at
  the expense of the state department of correction.
    4. The expenses of any such  transfer  shall  be  paid  by  the  state
  department  of  correction  and the commissioner is hereby authorized to
  reimburse the local institution for a sum determined by the head of such
  institution and agreed to  in  advance  by  the  state  commissioner  of
  correction  to  be  the  cost  of  food, lodging and clothing within the
  institution, and  the  actual  and  necessary  food,  travel  and  other
  expenses  required  for  a  program outside the institution, incurred or
  advanced by the institution; provided, however, that:

    (a) In any case where the  state  commissioner  of  correction  has  a
  pending  agreement  with  a  locality  under  section ninety-one of this
  article, the commmissioner of correction shall not reimburse  the  local
  institution  for any cost incurred for food, lodging and clothing within
  the institution; and
    (b) The wages or salary, if any, of such inmate shall be used for such
  reimbursement  and shall be applied to defray any costs authorized to be
  paid under  this  section  before  any  amount  shall  be  paid  by  the
  commissioner  of  correction hereunder, and any such wages or salary may
  be so applied irrespective of the provisions of paragraph  (a)  of  this
  subdivision.