Section 95. Use of local government institutions for confinement of persons under custody with or awaiting transfer to the department

1.  Notwithstanding  any  other provision of law, the commissioner is hereby
  authorized to contract with any county or the city of New York  for  the
  use of a local correctional facility to provide for the care and custody
  of  any person convicted of an offense and sentenced to a determinate or
  to an indeterminate sentence of imprisonment who is awaiting transfer to
  or has been transferred to the custody of the department as required  by
  section  430.20  of  the criminal procedure law; provided, however, that
  any such contract under this section shall not include  persons  charged
  with  or  found  to  be  in  violation  of parole or conditional release
  pursuant to subdivision three of section two hundred fifty-nine-i of the
  executive law.
    2. Any such inmate shall be deemed to be in the custody of and subject
  to the jurisdiction of the department but shall, during  the  period  of
  his or her local confinement, be under the care of the head of the local
  correctional facility in which he or she resides.
    3.  If  at  any time the head of the local correctional facility is of
  the opinion that  the  continued  care  of  such  inmate  in  the  local
  correctional  facility is inconsistent with the welfare or safety of the
  inmate, the community, the facility or other inmates, he may demand that
  such inmate be transferred forthwith to the custody of  the  department.
  Thereafter,  the  department  shall  be  obligated  to  receive into its
  custody such inmate in the manner prescribed for the acceptance of newly
  sentenced inmates required by section 430.20 of the  criminal  procedure
  law  unless  the  contract  specifies an alternative method of transfer.
  Notwithstanding the foregoing, in any case where the inmate in the  care
  of  the  local  correctional facility pursuant to a contract as provided
  for in this section is convicted of a class  A-1  felony  offense  or  a
  class  B violent felony offense or a class C violent felony offense, the
  head of the local correctional facility may demand that such  inmate  be
  transferred  forthwith to the custody of the department. Thereafter, the
  department shall be obligated to receive into its  custody  such  inmate
  within  forty-eight hours of receipt of such demand from the head of the
  local correctional facility.
    4. The commissioner is hereby authorized to reimburse the  contracting
  county  or  the  city of New York for a sum equivalent to the actual per
  day per capita cost, as certified by the appropriate local official,  or
  one hundred dollars per day per capita, whichever is less.
    5.  No  inmate  shall  be  housed  in a local correctional facility or
  series of local correctional facilities pursuant  to  a  contract  under
  subdivision one of this section for a period exceeding six months.