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S06154 Summary:

S06154 Actions:

S06154 Committee Votes:

S06154 Floor Votes:

S06154 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6154
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 20, 2019
                                       ___________
 
        Introduced  by  Sen. SEPULVEDA -- (at request of the State Commission of
          Correction) -- read twice and ordered printed, and when printed to  be
          committed to the Committee on Crime Victims, Crime and Correction
 
        AN  ACT to amend the correction law, in relation to the designation of a
          substitute jail for programmatic purposes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section 504 of the correction law, as
     2  amended by chapter 799 of the laws  of  1974,  is  amended  to  read  as
     3  follows:
     4    1.  (a)  If there is no jail in a county, or the jail becomes unfit or
     5  unsafe for the confinement of some or all of the inmates, civil or crim-
     6  inal, or is destroyed by fire or otherwise, or if a pestilential disease
     7  breaks out in the jail or in the vicinity of the jail and the  physician
     8  to the jail certifies that it is likely to endanger the health of any or
     9  all of the inmates in the jail, the state commission of correction, upon
    10  application,  must, by an instrument in writing, filed with the clerk of
    11  the county, designate another suitable place within the county,  or  the
    12  jail  of  any  other  county,  for the confinement of some or all of the
    13  inmates, as  the  case  requires.  The  place  so  designated  thereupon
    14  becomes,  to all intents and purposes, except as otherwise prescribed in
    15  this article, the jail of the county for which it  has  been  so  desig-
    16  nated,  and  the  purposes  expressed  in the instrument designating the
    17  same. The designation may be amended, modified or revoked by  the  state
    18  commission  of  correction  by  a subsequent instrument in writing filed
    19  with the clerk of the county.
    20    (b) If transfer to the jail of  another  county  would  allow  for  an
    21  inmate's  participation  in beneficial programming, the state commission
    22  of correction, upon application and the consent of such inmate  and  any
    23  involved sheriff, may, by an instrument in writing, filed with the clerk
    24  of the county, designate the jail of such other county, for the confine-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09453-01-9
        S. 6154                             2
 
     1  ment of such inmate, as the case requires. The jail so designated there-
     2  upon   becomes,  to  all  intents  and  purposes,  except  as  otherwise
     3  prescribed in this article, the jail of the county for which it has been
     4  so  designated, and the purposes expressed in the instrument designating
     5  the same. The designation may be amended, modified  or  revoked  by  the
     6  state  commission  of  correction  by a subsequent instrument in writing
     7  filed with the clerk of the county.
     8    § 2. This act shall take effect immediately.