Provides for a program to transport persons subject to an outstanding warrant of arrest to the appropriate jurisdiction initially to include persons charged with a felony, and then to include persons charged with a class A misdemeanor except in those cases where the distance for travel is 50 miles or less; requires the division of state police, the division of criminal justice services and the office of court administration to coordinate a plan for the state assumption of the costs thereof, and makes other further refinements to existing and similar programs.
STATE OF NEW YORK
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10897
IN ASSEMBLY
April 29, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A.
BACALLES, CALHOUN, J. MILLER, OAKS -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the implementation of
a special program to provide for the transportation of persons subject
to a warrant of arrest
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 221-e
2 to read as follows:
3 § 221-e. Transportation of persons subject to a warrant. 1. The
4 violent felon warrant program as presently constituted within the divi-
5 sion of state police whereby the division provides for the transporta-
6 tion of certain defendants charged with the commission of a violent
7 felony and subject to an outstanding warrant of arrest, bench warrant or
8 superior court warrant of arrest, as such terms are defined in section
9 1.20 of the criminal procedure law, is from one jurisdiction to the
10 jurisdiction where the warrant is outstanding is hereby continued in its
11 current form, and is also extended to include the requirements and
12 directives contained in this section.
13 2. Such program shall be further expanded on and after April first,
14 two thousand eleven to the extent that the division shall bear the
15 responsibility, upon request of the appropriate police department, court
16 or other criminal justice entity, to provide for the transportation of
17 persons subject to any such warrant of arrest, bench warrant or superior
18 court warrant for any felony as such term is defined in the criminal
19 procedure law from any jurisdiction wherein such person is apprehended
20 to the jurisdiction where the warrant is outstanding, provided however
21 that such responsibility shall only apply where the distance for travel
22 is more than fifty miles. During the period of time commencing with the
23 effective date of this section and terminating March first, two thousand
24 eleven, the division, in conjunction with the division of criminal
25 justice services and the office of court administration shall develop a
26 plan and procedures to ensure the timely implementation of this subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15900-01-0
A. 10897 2
1 sion. Such plan shall include a request for an appropriation for the two
2 thousand eleven--two thousand twelve state fiscal year to fully fund the
3 program as herein expanded.
4 3. The division, in conjunction with the division of criminal justice
5 services and the office of court administration shall further develop
6 such plan provided for in subdivision two of this section so as to
7 include within its requirements the transportation of persons subject to
8 such warrant for any class A misdemeanor. Such plan shall include a
9 study identifying an alternative, more cost efficient method of provid-
10 ing for the transportation of such persons including but not limited to
11 the use of local police agencies, subject to reimbursement by the state,
12 and approval of the terms of any agreement by the local legislative body
13 of the financially affected locality. Such plan as further expanded by
14 this subdivision shall include a request for funding in the two thousand
15 eleven--two thousand twelve state fiscal year to initially carry out the
16 provisions of this subdivision.
17 4. Nothing contained in this section shall be deemed to preclude the
18 development and implementation of a model program which has as its
19 intention the transportation of persons subject to such a warrant from a
20 jurisdiction where apprehended to the jurisdiction where a warrant is
21 outstanding in a similar manner. Any model program as adopted may be
22 used in the development of the statewide program provided for in this
23 section.
24 § 2. This act shall take effect immediately.
