Relates to authorizing the commissioner of corrections and community supervision to make the final decision on medical parole for certain eligible non-violent inmates (part A); extends the effectiveness of certain provisions of law relating to criminal justice issues (part B); relates to transferring certain employees of the division of state police to the office of general services (part C); relates to eliminating certain arbitration and license fees and repeals provisions of law relating to payment of license fees (part D); amends the civil service law and correction law relating to salaries (part H); authorizes the president of the state civil service commission to establish an amnesty period to identify dependents who are ineligible for health benefits (part J); extends the effectiveness of chapter 674 of the laws of 1993 relating to value limitations on contracts; and increases the value limitation on emergency contracts (part M); and increases the threshold of small capital projects delegated by OGS to one hundred fifty thousand dollars (part N).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3005B
SPONSOR: Budget TITLE OF BILL: An act to amend the executive law, in relation to
authorizing the commissioner of corrections and community supervision to
make the final decision on medical parole for certain eligible non-viol-
ent inmates (Part A); to amend chapter 887 of the laws of 1983, amending
the correction law relating to the psychological testing of candidates,
in relation to the effectiveness thereof; to amend chapter 428 of the
laws of 1999, amending the executive law and the criminal procedure law
relating to expanding the geographic area of employment of certain
police officers, in relation to extending the expiration of such chap-
ter; to amend chapter 886 of the laws of 1972, amending the correction
law and the penal law relating to prisoner furloughs in certain cases
and the crime of absconding therefrom, in relation to the effectiveness
thereof; to amend chapter 261 of the laws of 1987, amending chapters 50,
53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in relation
to the effectiveness thereof; to amend chapter 339 of the laws of 1972,
amending the correction law and the penal law relating to inmate work
release, furlough and leave, in relation to the effectiveness thereof;
to amend chapter 60 of the laws of 1994 relating to certain provisions
which impact upon expenditure of certain appropriations made by chapter
50 of the laws of 1994 enacting the state operations budget, in relation
to the effectiveness thereof; to amend chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, in relation to extending the expiration of certain provisions of
such chapter; to amend chapter 62 of the laws of 2011, amending the
correction law and the executive law, relating to merging the department
of correctional services and division of parole into the department of
corrections and community supervision, in relation to the effectiveness
thereof; to amend chapter 55 of the laws of 1992, amending the tax law
and other laws relating to taxes, surcharges, fees and funding, in
relation to extending the expiration of certain provisions of such chap-
ter; to amend chapter 907 of the laws of 1984, amending the correction
law, the New York city criminal court act and the executive law relating
to prison and jail housing and alternatives to detention and incarcera-
tion programs, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 166 of the laws of 1991,
amending the tax law and other laws relating to taxes, in relation to
extending the expiration of certain provisions of such chapter; to amend
the vehicle and traffic law, in relation to extending the expiration of
the mandatory surcharge and victim assistance fee; to amend chapter 713
of the laws of 1988, amending the vehicle and traffic law relating to
the ignition interlock device program, in relation to extending the
expiration thereof; to amend chapter 435 of the laws of 1997, amending
the military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of the
correction law and the penal law of such chapter; to amend chapter 412
of the laws of 1999, amending the civil practice law and rules and the
court of claims act relating to prisoner litigation reform, in relation
to extending the expiration of the inmate filing fee provisions of the
civil practice law and rules and general filing fee provision and inmate
property claims exhaustion requirement of the court of claims act of
such chapter; to amend chapter 222 of the laws of 1994 constituting the
family protection and domestic violence intervention act of 1994, in
relation to extending the expiration of certain provisions of the crimi-
nal procedure law requiring the arrest of certain persons engaged in
family violence; to amend chapter 505 of the laws of 1985, amending the
criminal procedure law relating to the use of closed-circuit television
and other protective measures for certain child witnesses, in relation
to extending the expiration of the provisions thereof; to amend chapter
3 of the laws of 1995, enacting the sentencing reform act of 1995, in
relation to extending the expiration of certain provisions of such chap-
ter; to amend chapter 689 of the laws of 1993 amending the criminal
procedure law relating to electronic court appearance in certain coun-
ties, in relation to extending the expiration thereof; to amend chapter
688 of the laws of 2003, amending the executive law relating to enacting
the interstate compact for adult offender supervision, in relation to
the effectiveness thereof; to amend part H of chapter 56 of the laws of
2009, amending the correction law relating to limiting the closing of
certain correctional facilities, providing for the custody by the
department of correctional services of inmates serving definite
sentences, providing for custody of federal prisoners and requiring the
closing of certain correctional facilities, in relation to the effec-
tiveness of such chapter; to amend part C of chapter 152 of the laws of
2001, amending the military law relating to military funds of the organ-
ized militia, in relation to the effectiveness thereof; to amend chapter
554 of the laws of 1986 amending the correction law and the penal law
relating to providing for community treatment facilities and establish-
ing the crime of absconding from the community treatment facility, in
relation to the effectiveness thereof; and to amend chapter 503 of the
laws of 2009, relating to the disposition of monies recovered by county
district attorneys before the filing of an accusatory instrument, in
relation to the effectiveness thereof (Part B); relating to transferring
certain employees of the division of state police to the office of
general services (Part C); to amend the workers' compensation law, in
relation to eliminating certain arbitration and license fees; and to
repeal paragraph (c) of subdivision 1 and subparagraph (iii) of para-
graph (b) of subdivision 3 of section 13-c of the workers' compensation
law relating to payment of license fees (Part D); intentionally omitted
(Part E); intentionally omitted (Part F); intentionally omitted (Part
G); to amend the civil service law and the correction law, in relation
to salaries (Part H); intentionally omitted (Part I); to amend the civil
service law, in relation to authorizing the president of the state civil
service commission to establish an amnesty period to identify dependents
who are ineligible for health benefits (Part J); intentionally omitted
(Part K); intentionally omitted (Part L); to amend chapter 674 of the
laws of 1993, amending the public buildings law relating to value limi-
tations on contracts, in relation to extending the effectiveness there-
of; and to amend the public buildings law, in relation to increasing the
value limitation to six hundred thousand dollars on emergency contracts
(Part M); to amend the public buildings law, in relation to increasing
the threshold of small capital projects delegated by OGS to one hundred
fifty thousand dollars (Part N); intentionally omitted (Part O); inten-
tionally omitted (Part P); and intentionally omitted (Part R)
SUMMARY: This bill would enact into law major components of legis-
lation that are necessary to implement the Public Protection and General
Government budget. Among its provisions are the following proposals:
A Modify the Commissioner of the Department of Corrections and Community
Supervision to make the formal determination regarding the medical
parole/release of certain non-violent offenders.
B Modify to extend various criminal justice and public safety programs
that would otherwise sunset.
C Authorize the transfer of Division of State Police employees engaged
in certain finance and human resource functions to the Office of General
Services.
D Repeal miscellaneous fees levied by the Workers' Compensation Board
while retaining the necessary functions associated with those fees.
E Intentionally omitted.
F Intentionally omitted.
G Intentionally omitted.
H Modify to phase in Management/Confidential salary parity.
I Intentionally omitted
J Modify to establish amnesty periods in the New York State Health
Insurance Program.
K Intentionally omitted.
L Intentionally omitted.
M Modify to extend and increase the authority of the Office of General
Services to promptly enter into construction contracts during emergen-
cies.
N Increase the ability of the Office of General Services to delegate the
responsibility of executing small capital projects to agencies and
departments.
O Intentionally omitted.
P Intentionally omitted.
R Intentionally omitted.
JUSTIFICATION: This bill is necessary for the enactment of portions
of the SFY 2015-16 Public Protection and General Governments budget, as
contained in the State Operations, Capital Projects and Aid to Locali-
ties appropriations bills.
FISCAL IMPACT: The provisions contained in this legislation are
related to appropriations proposed for SFY 2015-16.
EFFECTIVE DATE: Effective April 1, 2015, with exceptions.
