Amd §§500-a & 500-c, Cor L; add §§853 & 854, County L
Relates to the use of the Madison and Oneida county correctional facilities; relates to county-tribal detention agreements between the Oneida Indian Nation and Madison county and between the Oneida Indian Nation and Oneida county.
STATE OF NEW YORK
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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.
