STATE OF NEW YORK
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1193
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the county law and the correction law, in relation to
allowing two or more counties to enter into a contract for the
provision of a county jail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 217 of the county law is amended to read as
2 follows:
3 § 217. County jail. [Each] Except as provided by section five
4 hundred-p of the correction law, each county shall continue to maintain
5 a county jail as prescribed by law.
6 § 2. The correction law is amended by adding a new section 500-p to
7 read as follows:
8 § 500-p. Authorization for shared county jails. 1. Notwithstanding any
9 other provision of law to the contrary, a county may enter into a
10 contract with another county or with the state, to share in the
11 construction, financing, improvement, and maintenance of a county jail.
12 Such contracts, if enacted, may run concurrent with any bond or long-
13 term financing associated with the construction of or improvement to a
14 county jail.
15 2. An agreement between two or more counties to share in the
16 construction, financing, improvement, and maintenance of a county jail
17 pursuant to this section shall include a provision for the proportionate
18 cost, including costs associated with bonding, to be borne by each coun-
19 ty. The contracting counties may agree that the bonding or financing
20 mechanism for the provision of a county jail may be amended upon the
21 mutual consent of each contracting county's legislature or board of
22 supervisors, and if the county has a county executive, upon the approval
23 of the county executive. The disapproval of a county executive, however,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02982-01-3
A. 1193 2
1 may be overridden by the vote of two-thirds of the governing body of the
2 county.
3 3. If two or more counties enter into an agreement to share in the
4 construction, financing, improvement, and maintenance of a county jail,
5 the jail shall be physically located in one of the counties which are
6 subject to the agreement.
7 4. A county may contract with another county to share the financing,
8 maintenance, and improvement to an existing jail of another county where
9 such other county already has an existing jail that meets the require-
10 ments of the state commission on correction or which has a waiver or
11 variance from all or a portion of such requirements.
12 § 3. This act shall take effect immediately.
