S01250 Summary:

BILL NOS01250A
 
SAME ASSAME AS A10191
 
SPONSORSALAND
 
COSPNSRAUBERTINE
 
MLTSPNSR
 
Amd SS91 & 92, Cor L
 
Requires the commissioner of correctional services to enter into agreements with counties and the city of New York to take custody of inmates serving a definite sentence of more than 90 days to alleviate overcrowding in local correctional facilities.
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S01250 Actions:

BILL NOS01250A
 
01/28/2009REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/06/2010REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
03/15/2010AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
03/15/2010PRINT NUMBER 1250A
03/22/2010REPORTED AND COMMITTED TO FINANCE
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S01250 Floor Votes:

There are no votes for this bill in this legislative session.
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S01250 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1250--A
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2009
                                       ___________
 
        Introduced by Sens. SALAND, AUBERTINE -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Crime Victims,
          Crime and Correction -- recommitted to the Committee on Crime Victims,
          Crime and Correction in accordance with  Senate  Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and

          recommitted to said committee
 
        AN ACT to amend the correction law, in relation to agreements for custo-
          dy of definite sentence inmates
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 91 of the correction law, as amended by section 5
     2  of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
     3  follows:
     4    §  91.  Agreements  for  custody  of definite sentence inmates. 1. The
     5  commissioner may, subject to the provisions of subdivision five of  this
     6  section, enter into an agreement with any county or with the city of New
     7  York  to  provide  for  custody by the department of persons who receive
     8  definite sentences of imprisonment with terms in excess of  ninety  days

     9  who  otherwise  would serve such sentences in the jail, workhouse, peni-
    10  tentiary or other local correctional [institution]  facility  maintained
    11  by  such  locality;  provided,  however,  that a person committed to the
    12  custody of the department pursuant to an agreement established  by  this
    13  section,  except  a  person  committed pursuant to an agreement with the
    14  city of New York, shall be delivered to a reception center designated by
    15  the commissioner for an initial processing  period  which  shall  be  no
    16  longer than seven days, and thereafter, shall be transferred to a gener-
    17  al  confinement correctional facility located in the same county or in a
    18  county adjacent to the county  where  such  person  would  otherwise  be
    19  committed  to a local correctional facility. In the event, however, that
    20  exigent circumstances related to health, safety or security arise  which

    21  require  the immediate transfer of an inmate to a different facility not
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07293-03-0

        S. 1250--A                          2
 
     1  within the county or adjacent county, then the department shall, as soon
     2  thereafter as practicable, arrange for such inmate to be returned to the
     3  jurisdiction of the county from which he or she was committed.
     4    2.  Any  such  agreement, except one that is made with the city of New
     5  York, may be  made  with  the  sheriff,  warden,  superintendent,  local
     6  commissioner  of  correction  or  other person in charge of such [county

     7  institution] local correctional facility and shall  be  subject  to  the
     8  approval of the chief executive officer of the county. An agreement made
     9  with  the  city  of  New  York  may  be  made  with  the commissioner of
    10  correction of that city and shall be subject  to  the  approval  of  the
    11  mayor.
    12    3. An agreement made under this section [shall require the locality to
    13  pay  the  cost  of  treatment,  maintenance and custody furnished by the
    14  department, and the costs incurred under subdivision  two  or  three  of
    15  section  one  hundred  twenty-five  of  this  chapter  relating  to  the
    16  provision  of  clothing,  money  and  transportation  upon  release   or
    17  discharge  of inmates delivered to the department pursuant to the agree-

    18  ment, and] shall contain at least the following provisions:
    19    (a) A provision that requires the locality to pay the cost  of  treat-
    20  ment, maintenance, and custody of an inmate furnished by the department;
    21    (b) A provision specifying the minimum length of the term of imprison-
    22  ment  of  persons who may be received by the department under the agree-
    23  ment, which may be any term in excess of ninety days agreed  to  by  the
    24  parties and which need not be the same in each agreement;
    25    [(b)]  (c)  A provision that no charge will be made to the state or to
    26  the department or to any of its institutions during the pendency of such
    27  agreement for delivery of inmates to the department by officers  of  the
    28  locality,  and  that  the  provisions of section six hundred two of this

    29  chapter or of any similar law shall not apply for  delivery  of  inmates
    30  during such time;
    31    [(c)] (d) A provision for reimbursement by the locality to the depart-
    32  ment  to pay the cost of treatment, maintenance and custody of an inmate
    33  furnished by such locality pursuant to subdivision four of section nine-
    34  ty-five of this article;
    35    (e) Designation of the correctional facility or  facilities  to  which
    36  persons under sentences covered by the agreement are to be delivered;
    37    [(d)] (f) A provision requiring the department to provide transitional
    38  services  upon  the  release  of persons committed to the custody of the
    39  department pursuant to an agreement established by this section;
    40    [(e)] (g) Any other provision the commissioner may deem  necessary  or

    41  appropriate; and
    42    [(f)]  (h)  A  provision  giving  either party the right to cancel the
    43  agreement by giving the other party notice in writing, with cancellation
    44  to become effective on such date as may be specified in such notice.
    45    4. Notwithstanding any other provision of law, the commissioner  shall
    46  be  authorized to grant, withhold, cause to be forfeited, or cancel time
    47  allowances as provided in and in compliance with section  eight  hundred
    48  four of this chapter.
    49    5.  (a) Notwithstanding the provisions of paragraph (h) of subdivision
    50  three of this section, the commissioner shall enter  into  an  agreement
    51  with a county or the city of New York pursuant to the provisions of this
    52  section  when it is determined by the state commission on corrections to

    53  be necessary to alleviate overcrowding at the local correctional facili-
    54  ty or facilities. Upon such determination, a county or the city  of  New
    55  York  shall  not  be  required by the state commission on corrections to
    56  construct new correctional facilities.

        S. 1250--A                          3
 
     1    (b) Nothing in this section shall preclude  the  state  commission  on
     2  corrections  from  issuing  waivers  pursuant to this article, if in the
     3  discretion of the state commission on corrections the  issuance  of  the
     4  waiver  is  more  appropriate  than  the  agreement provided for in this
     5  section.
     6    (c)  Nothing  in this section shall preclude a county from entering an

     7  agreement with a contiguous county or prohibit the continuation  of  any
     8  existing  agreement  between  the  counties for the alleviation of over-
     9  crowding at a local correctional facility.
    10    (d) Nothing in this section shall preclude the city of New  York  from
    11  entering  into  agreements with any county within the state to alleviate
    12  overcrowding at its local facilities.
    13    6. A copy of such agreement shall be filed with the secretary of state
    14  and with the clerk of each court having jurisdiction to impose sentences
    15  covered by the agreement in the county or city to which it applies.
    16    § 2. Section 91 of the correction law, as added by chapter 478 of  the
    17  laws of 1970, is amended to read as follows:
    18    §  91.  Agreements  for  custody of definite sentence inmates.  1. The

    19  [state] commissioner [of correction] may, subject to the  provisions  of
    20  subdivision four of this section, enter into an agreement with any coun-
    21  ty  or  with  the city of New York to provide for custody by the [state]
    22  department [of correction] of persons who receive definite sentences  of
    23  imprisonment  with  terms  in  excess of ninety days who otherwise would
    24  serve such sentences in the jail, workhouse, penitentiary or other local
    25  correctional [institution] facility maintained by such locality.
    26    2. Any such agreement, except one that is made with the  city  of  New
    27  York,  may  be  made  with  the  sheriff,  warden, superintendent, local
    28  commissioner of correction or other person in  charge  of  such  [county

    29  institution]  local  correctional  facility  and shall be subject to the
    30  approval of the chief executive officer of the county. An agreement made
    31  with the city  of  New  York  may  be  made  with  the  commissioner  of
    32  correction  of  that  city  and  shall be subject to the approval of the
    33  mayor.
    34    3. An agreement made under this section [shall not require the locali-
    35  ty to pay the cost of treatment, maintenance and  custody  furnished  by
    36  the  state  department  of  correction  and]  shall contain at least the
    37  following provisions:
    38    (a) A provision that requires the locality to pay the cost  of  treat-
    39  ment, maintenance and custody of an inmate furnished by the department;
    40    (b) A provision specifying the minimum length of the term of imprison-

    41  ment  of  persons  who  may  be  received  by the [state] department [of
    42  correction] under the agreement, which may be  any  term  in  excess  of
    43  ninety  days  agreed to by the parties and which need not be the same in
    44  each agreement;
    45    [(b)] (c) A provision that no charge will be made to the state  or  to
    46  the  [state]  department  [of  correction] or to any of its institutions
    47  during the pendency of such agreement for delivery  of  inmates  to  the
    48  [state] department [of correction] by officers of the locality, and that
    49  the  provisions  of  section  six  hundred two of this chapter or of any
    50  similar law shall not apply for delivery of inmates during such time;
    51    [(c)] (d) A provision that no charge shall be  made  to  or  shall  be

    52  payable  by  the  state  during  the  pendency of such agreement for the
    53  expense of maintaining parole violators pursuant to section two  hundred
    54  sixteen  of  this  chapter,  for  the expense of maintaining coram nobis
    55  prisoners pursuant to section six hundred one-b of this chapter, or  for
    56  the  expense  of  maintaining  felony  prisoners pursuant to section six

        S. 1250--A                          4
 
     1  hundred one-c of this chapter[, or for the expense of maintaining alter-
     2  native local reformatory inmates pursuant to section eight hundred thir-
     3  ty-five in institutions maintained by the locality];
     4    [(d)]  (e)  A  provision,  approved  by  the  state  comptroller,  for
     5  reimbursement of the [state] department [of correction] by the  locality

     6  for  expenses  incurred  under  subdivision  two or three of section one
     7  hundred twenty-five of this chapter  relating  to  clothing,  money  and
     8  transportation  furnished upon release or discharge of inmates delivered
     9  to the [state] department [of correction] pursuant to the agreement;
    10    [(e)] (f) A provision for reimbursement by the locality to the depart-
    11  ment to pay the cost of treatment, maintenance and custody of an  inmate
    12  furnished by such locality pursuant to subdivision four of section nine-
    13  ty-five of this article;
    14    (g)  Designation  of  the correctional facility or facilities to which
    15  persons under sentences covered by the agreement are to be delivered;

    16    [(f)] (h) Any other provision the [state] commissioner [of correction]
    17  may deem necessary or appropriate; and
    18    [(g)] (i) A provision giving either party  the  right  to  cancel  the
    19  agreement by giving the other party notice in writing, with cancellation
    20  to become effective on such date as may be specified in such notice.
    21    4.  (a) Notwithstanding the provisions of paragraph (i) of subdivision
    22  three of this section, the commissioner shall enter  into  an  agreement
    23  with a county or the city of New York pursuant to the provisions of this
    24  section  when it is determined by the state commission on corrections to
    25  be necessary to alleviate overcrowding at the local correctional facili-

    26  ty or facilities. Upon such determination, a county or the city  of  New
    27  York  shall  not  be  required by the state commission on corrections to
    28  construct new correctional facilities.
    29    (b) Nothing in this section shall preclude  the  state  commission  on
    30  corrections  from  issuing  waivers  pursuant to this article, if in the
    31  discretion of the state commission on corrections the  issuance  of  the
    32  waiver  is  more  appropriate  than  the  agreement provided for in this
    33  section.
    34    (c) Nothing in this section shall preclude a county from  entering  an
    35  agreement  with  a contiguous county or prohibit the continuation of any
    36  existing agreement between counties for the alleviation of  overcrowding

    37  at a local correctional facility or facilities.
    38    (d)  Nothing  in this section shall preclude the city of New York from
    39  entering into agreements with any county within the state  to  alleviate
    40  overcrowding at its local facilities.
    41    5. A copy of such agreement shall be filed with the secretary of state
    42  and with the clerk of each court having jurisdiction to impose sentences
    43  covered by the agreement in the county or city to which it applies.
    44    §  3. Subdivision 4 of section 92 of the correction law, as amended by
    45  section 6 of part H of chapter 56 of the laws of  2009,  is  amended  to
    46  read as follows:
    47    4.  In the event any such agreement is cancelled, inmates delivered to
    48  the department prior to the date of cancellation shall continue to serve

    49  their sentences in the custody of such department and the provisions  of
    50  such  agreement  shall continue to apply with respect to such inmates. A
    51  copy of the notice of cancellation shall be filed with the secretary  of
    52  state  and  with the clerks of courts in the manner provided in subdivi-
    53  sion [four] six of section ninety-one of this article,  and  no  inmates
    54  shall be delivered to the custody of the department under such agreement
    55  after the date on which such cancellation becomes effective.

        S. 1250--A                          5
 
     1    §  4.  Subdivision  4 of section 92 of the correction law, as added by
     2  chapter 478 of the laws of 1970, is amended to read as follows:
     3    4.  In the event any such agreement is cancelled, inmates delivered to

     4  the [state] department [of correction] prior to the date of cancellation
     5  shall continue to serve their sentences in the  custody  of  [such]  the
     6  department  and the provisions of such agreement shall continue to apply
     7  with respect to such inmates. A copy of the notice of cancellation shall
     8  be filed with the secretary of state and with the clerks  of  courts  in
     9  the  manner provided in subdivision [four] five of section ninety-one of
    10  this article, and no inmates shall be delivered to the  custody  of  the
    11  [state]  department  [of correction] under such agreement after the date
    12  on which such cancellation becomes effective.
    13    § 5. This act shall take effect on the thirtieth day  after  it  shall
    14  have  become  a  law,  and  shall apply to agreements entered into on or

    15  before such effective date; provided that the amendments to sections  91
    16  and  92 of the correction law made by sections one and three of this act
    17  shall be subject to the expiration and reversion of such sections pursu-
    18  ant to section 8 of part H of  chapter  56  of  the  laws  of  2009,  as
    19  amended,  when  upon  such  date sections two and four of this act shall
    20  take effect.
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