S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4885

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction

       AN ACT to amend the executive law, in relation to the expenses of taking
         persons  into  custody  after  their  violation  of  the conditions of
         presumptive  release,  parole,  conditional  release  or  post-release
         supervision

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph (b) of subdivision 3  of  section  259-i  of  the
    2  executive  law,  as amended by section 11 of part E of chapter 62 of the
    3  laws of 2003, is amended to read as follows:
    4    (b) A person who shall have been taken into custody pursuant  to  this
    5  subdivision  for  violation  of  one  or  more conditions of presumptive
    6  release, parole, conditional release or post-release supervision [shall]
    7  MAY, insofar as practicable, be incarcerated in the county  or  city  in
    8  which  the  arrest  occurred.  NOTWITHSTANDING THE PROVISIONS OF CHAPTER
    9  FIFTY OF THE LAWS OF TWO THOUSAND FIVE AND ANY OTHER PROVISION  OF  LAW,
   10  THE  EXPENSE  OF  MAINTAINING  A  PERSON WHO HAS BEEN TAKEN INTO CUSTODY
   11  PURSUANT TO THIS SUBDIVISION AND WHO HAS NOT BEEN ACCEPTED INTO  CUSTODY
   12  BY THE COMMISSIONER OF CORRECTIONAL SERVICES WITHIN FIVE DAYS OF RECEIPT
   13  OF  WRITTEN NOTIFICATION BY THE DEPARTMENT OF CORRECTIONAL SERVICES FROM
   14  THE APPROPRIATE LOCAL OFFICIAL THAT SUCH OFFICIAL IS PREPARED TO  TRANS-
   15  PORT SUCH PERSON TO THE FACILITY DESIGNATED BY SUCH DEPARTMENT, SHALL BE
   16  PAID BY THE STATE AT THE ACTUAL PER DAY PER CAPITA COST, AS CERTIFIED BY
   17  THE  APPROPRIATE LOCAL OFFICIAL, BEGINNING WITH THE FIRST DAY OF WRITTEN
   18  NOTIFICATION TO THE DEPARTMENT OF CORRECTIONAL SERVICES. NOTHING IN THIS
   19  PARAGRAPH SHALL BE CONSTRUED TO AFFECT, IMPAIR, MODIFY, RESTRICT, DEFINE
   20  OR EXPAND ANY OTHER PROVISION OF LAW WITH REGARD TO  ANY  OBLIGATION  TO
   21  DELIVER  OR  RECEIVE ANY SUCH PERSONS BY ANY STATE OR LOCAL OFFICIAL, OR
   22  ANY REQUIREMENT OF TIMELY COMPLIANCE THEREWITH.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00719-02-9
       S. 4885                             2

    1    S 2. Subparagraph (i) of paragraph (e) of  subdivision  3  of  section
    2  259-i of the executive law, as amended by section 2 of part E of chapter
    3  56 of the laws of 2007, is amended to read as follows:
    4    (i) If the alleged violator requests a local revocation hearing, he or
    5  she shall be given a revocation hearing reasonably near the place of the
    6  alleged  violation  or  arrest  if he or she has not been convicted of a
    7  crime committed while under supervision, OR AT THE FACILITY WHERE HE  OR
    8  SHE  IS  CURRENTLY  INCARCERATED.    However,  the board may, on its own
    9  motion, designate a case for a local revocation hearing.
   10    S 3. This act shall take effect May 31, 2010.