NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7189
SPONSOR: Dilan TITLE OF BILL:
An act to amend chapter 573 of the laws of 2011, amending the correction
law relating to the boarding of out of state inmates at local correc-
tional facilities, in relation to extending the expiration of the
provisions thereof
PURPOSE:
This bill extends the expiration date to September 1, 2026 to continue
to authorize local correctional facilities to enter into contracts for
the purpose of boarding-in certain inmates from other states' local
correctional facilities.
SUMMARY OF PROVISIONS:
Section 1 amends section 4 of chapter 573 of the laws of 2011, amending
the correction law relating to the boarding of out of state inmates at
local correctional facilities, to extend this act until September 1,
2020.
Section 2 states that this act shall take effect immediately.
JUSTIFICATION:
Over the years, many counties have been required to expand the size and
capacity of their jail facilities to accommodate the county's inmate
population. Over time, some of those counties have experienced decreases
in inmates, leaving those larger facilities partially vacant. To offset
the cost, of operating these facilities at less than optimal capacity,
many counties house state or federal inmates or inmates from other coun-
ties. In keeping with this practice, counties should have the option to
house inmates from other states.
In 2011, the Assembly passed a bill which was signed into law to allow
local correctional facilities to enter into contracts for the purpose of
boarding-in certain inmates from other state's local correctional facil-
ities. This act was renewed in 2020 and currently expires on September
1, 2023. This bill seeks to extend the act to September 1, 2026 to
continue to give local correctional facilities the option to house out
of state inmates.
This bill could benefit every county in New York with the capacity to
accept out of state inmates. This bill provides mandate relief in that
it would give counties more flexibility to have a more optimal inmate
population to suit the facility's capacity and minimize loss from over-
head costs.
LEGISLATIVE HISTORY:
A.8238 originally authorized local corrections facilities to house out
of state inmates until September 1, 2014, and was extended by A.9642 in
2014.It was extended again by A.7675 until September 1, 2020 in 2017,
and again .by Chapter 58 of the Laws of 2020 until September 1, 2023.
FISCAL IMPLICATIONS:
No cost to the state. This bill would provide a revenue opportunity to
counties.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7189
2023-2024 Regular Sessions
IN ASSEMBLY
May 12, 2023
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend chapter 573 of the laws of 2011, amending the correction
law relating to the boarding of out of state inmates at local correc-
tional facilities, in relation to extending the expiration of the
provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 573 of the laws of 2011, amending the
2 correction law relating to the boarding of out of state inmates at local
3 correctional facilities, as amended by section 1 of item UU of subpart B
4 of part XXX of chapter 58 of the laws of 2020, is amended to read as
5 follows:
6 § 4. This act shall take effect immediately and shall expire September
7 1, [2023] 2026 when upon such date the provisions of this act shall be
8 deemed repealed.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11318-01-3
