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S08692 Summary:

S08692 Actions:

S08692 Committee Votes:

S08692 Floor Votes:

S08692 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8692--A
            Cal. No. 861
 
                    IN SENATE
 
                                      March 1, 2024
                                       ___________
 
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction -- reported favorably from said committee, ordered to first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading

        AN ACT to amend the correction law, in relation to the  use  of  certain
          county  jails;  to  amend  the county law, in relation to the legisla-
          ture's approval, ratification, validation and confirmation of  county-
          tribal detention agreements between the Oneida Indian Nation and Madi-
          son  county and Oneida county; and providing for the repeal of certain
          provisions upon expiration thereof
 
          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
     2  two new subdivisions 2-u and 2-v to read as follows:
     3    2-u. The Madison county correctional facility may also be used for the
     4  detention of individuals detained and imprisoned under the authority and
     5  jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
     6  bal detention agreement between the county of Madison, the Madison coun-
     7  ty sheriff and the  Oneida  Indian  Nation  pursuant  to  section  eight
     8  hundred fifty-four of the county law.
     9    2-v.  The Oneida county correctional facility may also be used for the
    10  detention of individuals detained and imprisoned under the authority and
    11  jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
    12  bal detention agreement between the county of Oneida, the Oneida  county
    13  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
    14  fifty-three of the county law.
    15    § 2. Section 500-c of the correction law is amended by adding two  new
    16  subdivisions 27 and 28 to read as follows:
    17    27. Notwithstanding any other provision of law, in the county of Madi-
    18  son  all  the provisions of this section shall equally apply in any case
    19  where the sheriff is holding a person under the authority and  jurisdic-
    20  tion  of  the  Oneida  Indian  Nation  court pursuant to a county-tribal
    21  detention agreement between the county of Madison,  the  Madison  county
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14702-04-4
        S. 8692--A                          2
 
     1  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
     2  fifty-four of the county law, as if  such  person  had  been  judicially
     3  committed  to  the custody of the sheriff and such person may be held in
     4  the Madison county correctional facility.
     5    28. Notwithstanding any other provision of law, in the county of Onei-
     6  da  all  the  provisions of this section shall equally apply in any case
     7  where the sheriff is holding a person under the authority and  jurisdic-
     8  tion  of  the  Oneida  Indian  Nation  court pursuant to a county-tribal
     9  detention agreement between the county  of  Oneida,  the  Oneida  county
    10  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
    11  fifty-three of the county law, as if such  person  had  been  judicially
    12  committed  to  the custody of the sheriff and such person may be held in
    13  the Oneida county correctional facility.
    14    § 3. The county law is amended by adding a new section 853 to read  as
    15  follows:
    16    §  853.  Oneida County-tribal detention agreement. Notwithstanding any
    17  other inconsistent provision of law, the agreement executed between  the
    18  county  of  Oneida  and the Oneida Indian Nation executed on May twenty-
    19  third, two thousand  twenty-four,  including,  without  limitation,  the
    20  provisions contained therein relating to confinement at the Oneida coun-
    21  ty  correctional  facility of incarcerated adults remanded by the Oneida
    22  Indian Nation court, shall, upon its effective date and  continuing  for
    23  three  years  thereafter,  be  deemed  approved, ratified, validated and
    24  confirmed by the legislature. It is the intention of the legislature  in
    25  enacting  this section to ensure that the agreement be fully enforceable
    26  in all respects as to the rights, benefits, responsibilities and  privi-
    27  leges of all parties under the agreement.
    28    §  4. The county law is amended by adding a new section 854 to read as
    29  follows:
    30    § 854. Madison county-tribal detention agreement. Notwithstanding  any
    31  other  inconsistent provision of law, the agreement executed between the
    32  county of Madison and the Oneida Indian Nation executed on  May  twenty-
    33  eighth,  two  thousand  twenty-four,  including, without limitation, the
    34  provisions contained therein relating  to  confinement  at  the  Madison
    35  county  correctional  facility  of  incarcerated  adults remanded by the
    36  Oneida Indian Nation court, shall, upon its effective date and  continu-
    37  ing  for  two  years thereafter, be deemed approved, ratified, validated
    38  and confirmed by the legislature. It is the intention of the legislature
    39  in enacting this section to ensure that the agreement be fully enforcea-
    40  ble in all respects as to the  rights,  benefits,  responsibilities  and
    41  privileges of all parties under the agreement.
    42    §  5.  This  act shall take effect immediately; provided, however that
    43  section three of this act shall expire and be deemed  repealed  May  23,
    44  2027;  provided  further,  however,  that section four of this act shall
    45  expire and be deemed repealed May 28, 2026; and provided further, howev-
    46  er, that the amendments to section 500-c of the correction law  made  by
    47  section  two of this act shall not affect the repeal of such section and
    48  shall be deemed repealed therewith.