A10248 Summary:

BILL NOA10248
 
SAME ASSAME AS S08092
 
SPONSOROaks
 
COSPNSR
 
MLTSPNSR
 
Amd 500-a & 500-c, Cor L
 
Relates to authorizing the Wayne county correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Wayne.
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A10248 Actions:

BILL NOA10248
 
03/26/2018referred to correction
06/04/2018reported referred to codes
06/11/2018reported referred to rules
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A10248 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10248
 
SPONSOR: Oaks
  TITLE OF BILL: An act to amend the correction law, in relation to authorizing the Wayne county correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Wayne   PURPOSE OR GENERAL IDEA OF BILL: To allow Wayne County to hold persons who are under arrest prior to their arraignment   SUMMARY OF PROVISIONS: Section 1. Section 500a of the correction law is amended by adding a new subdivision 2-s, allowing the Wayne County Correctional Facility to detain persons awaiting arraignment in any court in Wayne County Section 2. Section 500c of the correction law is amended to state all provisions of this section shall apply in any case where a person has been committed to the custody of the sheriff and such person may be held in the Wayne county correctional facility. Section 3. Effective Date   JUSTIFICATION: This legislation was requested by Wayne County. Wayne County is a rural county, comprised of many small towns with few public employees. When someone is arrested, especially outside of normal business hours, it can sometimes be difficult and time consuming to locate legal counsel and an available judge. This bill would allow individuals who have been arrest to be housed on a temporary basis at the Wayne County Correctional Facility, allowing the County to adopt a streamlined procedure to assure that detainees will have access to adequate legal counsel prior to arraignment.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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A10248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10248
 
                   IN ASSEMBLY
 
                                     March 26, 2018
                                       ___________
 
        Introduced  by  M. of A. OAKS -- read once and referred to the Committee
          on Correction
 
        AN ACT to amend the correction law, in relation to authorizing the Wayne
          county correctional facility to also be  used  for  the  detention  of
          persons  under  arrest being held for arraignment in any court located
          in the county of Wayne

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 500-a of the correction law is amended by adding a
     2  new subdivision 2-s to read as follows:
     3    2-s. The Wayne county correctional facility may also be used  for  the
     4  detention  of  persons  under  arrest  being held for arraignment in any
     5  court located in the county of Wayne.
     6    § 2. Section 500-c of the correction law is amended by  adding  a  new
     7  subdivision 25 to read as follows:
     8    25.  Notwithstanding  any  other  provision  of  law, in the county of
     9  Wayne, all the provisions of this section shall  equally  apply  in  any
    10  case  where the sheriff is holding a person under arrest for arraignment
    11  prior to commitment, as if such person had been judicially committed  to
    12  the  custody  of  the  sheriff  and such person may be held in the Wayne
    13  county correctional facility.
    14    § 3. This act shall take effect immediately; provided,  however,  that
    15  the  amendments  to  section 500-c of the correction law made by section
    16  two of this act shall not affect the repeal of such section and shall be
    17  deemed repealed therewith.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15178-01-8
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