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A07944 Summary:

COSPNSRColton, Blake
Amd 504, Cor L
Relates to the designation of a substitute jail for programmatic purposes.
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A07944 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the correction law, in relation to the designation of a substitute jail for programmatic purposes   PURPOSE OF THE BILL: To allow for an inmate's transfer between local correctional facilities for participation in beneficial programming.   SUMMARY OF PROVISIONS: Section 1 of the proposal would amend subdivision (1) of section 504 of the Correction Law to allow the Commission of Correction to issue a substitute jail order, upon consent of the inmate and any involved sher- iff, where transfer of such inmate to another county jail would allow for participation in beneficial programming. Section 2 makes the proposal effective immediately.   JUSTIFICATION: In recent years, several county sheriffs have established specialized programs to benefit the incarcerated inmate populations, to include alcohol and substance abuse programs, and programs to assist incarcerat- ed military veterans. Not mandated by state statute or regulation, such programs are often dependent upon grants and other discretionary funding sources. The lack of such funding in many counties, as well as relative- ly small inmate populations, often render the establishment of programs in certain local correctional facilities unfeasible. For this reason, several county sheriffs have expressed an interest in making their programs available to the inmates of other counties. New York State Correction Law § 504(1) currently allows the New York State Commission of Correction to transfer an inmate from the jail of one county to another, via substitute jail order, only "  if there is no jail in a county, or the jail becomes unfit or unsafe for the confine- ment of some or all of the inmates, civil or criminal, or is destroyed by fire or otherwise, or if a pestilential disease breaks out in the jail or in the vicinity of the jail and the physician to the jail certi- fies that it is likely to endanger the health of any or all of the inmates in the jail." Consequently, the Commission of Correction seeks legislation granting it the authority to approve an inmate's transfer between local correctional facilities for the purpose of participating in beneficial programming. As proposed, any such transfer would be dependent on the consent of the inmate and any involved sheriff, thus rendering any resulting costs of a county elective.   PRIOR LEGISLATIVE HISTORY: This is a new proposal.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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