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A09441 Summary:

BILL NOA09441A
 
SAME ASSAME AS S08692-A
 
SPONSORHunter
 
COSPNSRButtenschon, Miller
 
MLTSPNSR
 
Amd §§500-a & 500-c, Cor L; add §§853 & 854, County L
 
Relates to the use of the Madison and Oneida county correctional facilities; relates to county-tribal detention agreements between the Oneida Indian Nation and Madison county and between the Oneida Indian Nation and Oneida county.
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A09441 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9441--A
 
                   IN ASSEMBLY
 
                                     March 14, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  HUNTER, BUTTENSCHON, MILLER -- read once and
          referred to the Committee on Correction -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the correction law, in relation to the  use  of  certain
          county  jails;  to  amend  the county law, in relation to the legisla-
          ture's approval, ratification, validation and confirmation of  county-
          tribal detention agreements between the Oneida Indian Nation and Madi-
          son  county and Oneida county; and providing for the repeal of certain
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  500-a of the correction law is amended by adding
     2  two new subdivisions 2-u and 2-v to read as follows:
     3    2-u. The Madison county correctional facility may also be used for the
     4  detention of individuals detained and imprisoned under the authority and
     5  jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
     6  bal detention agreement between the county of Madison, the Madison coun-
     7  ty sheriff and the  Oneida  Indian  Nation  pursuant  to  section  eight
     8  hundred fifty-four of the county law.
     9    2-v.  The Oneida county correctional facility may also be used for the
    10  detention of individuals detained and imprisoned under the authority and
    11  jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
    12  bal detention agreement between the county of Oneida, the Oneida  county
    13  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
    14  fifty-three of the county law.
    15    § 2. Section 500-c of the correction law is amended by adding two  new
    16  subdivisions 27 and 28 to read as follows:
    17    27. Notwithstanding any other provision of law, in the county of Madi-
    18  son  all  the provisions of this section shall equally apply in any case
    19  where the sheriff is holding a person under the authority and  jurisdic-
    20  tion  of  the  Oneida  Indian  Nation  court pursuant to a county-tribal
    21  detention agreement between the county of Madison,  the  Madison  county
    22  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14702-03-4

        A. 9441--A                          2
 
     1  fifty-four of the county law, as if  such  person  had  been  judicially
     2  committed  to  the custody of the sheriff and such person may be held in
     3  the Madison county correctional facility.
     4    28. Notwithstanding any other provision of law, in the county of Onei-
     5  da  all  the  provisions of this section shall equally apply in any case
     6  where the sheriff is holding a person under the authority and  jurisdic-
     7  tion  of  the  Oneida  Indian  Nation  court pursuant to a county-tribal
     8  detention agreement between the county  of  Oneida,  the  Oneida  county
     9  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
    10  fifty-three of the county law, as if such  person  had  been  judicially
    11  committed  to  the custody of the sheriff and such person may be held in
    12  the Oneida county correctional facility.
    13    § 3. The county law is amended by adding a new section 853 to read  as
    14  follows:
    15    §  853.  Oneida County-tribal detention agreement. Notwithstanding any
    16  other inconsistent provision of law, the agreement executed between  the
    17  county  of  Oneida  and the Oneida Indian Nation executed on May twenty-
    18  third, two thousand  twenty-four,  including,  without  limitation,  the
    19  provisions contained therein relating to confinement at the Oneida coun-
    20  ty  correctional  facility of incarcerated adults remanded by the Oneida
    21  Indian Nation court, shall, upon its effective date and  continuing  for
    22  three  years  thereafter,  be  deemed  approved, ratified, validated and
    23  confirmed by the legislature. It is the intention of the legislature  in
    24  enacting  this section to ensure that the agreement be fully enforceable
    25  in all respects as to the rights, benefits, responsibilities and  privi-
    26  leges of all parties under the agreement.
    27    §  4. The county law is amended by adding a new section 854 to read as
    28  follows:
    29    § 854. Madison county-tribal detention agreement. Notwithstanding  any
    30  other  inconsistent provision of law, the agreement executed between the
    31  county of Madison and the Oneida Indian Nation executed on  May  twenty-
    32  eighth,  two  thousand  twenty-four,  including, without limitation, the
    33  provisions contained therein relating  to  confinement  at  the  Madison
    34  county  correctional  facility  of  incarcerated  adults remanded by the
    35  Oneida Indian Nation court, shall, upon its effective date and  continu-
    36  ing  for  two  years thereafter, be deemed approved, ratified, validated
    37  and confirmed by the legislature. It is the intention of the legislature
    38  in enacting this section to ensure that the agreement be fully enforcea-
    39  ble in all respects as to the  rights,  benefits,  responsibilities  and
    40  privileges of all parties under the agreement.
    41    §  5.  This  act shall take effect immediately; provided, however that
    42  section three of this act shall expire and be deemed  repealed  May  23,
    43  2027;  provided  further,  however,  that section four of this act shall
    44  expire and be deemed repealed May 28, 2026; and provided further, howev-
    45  er, that the amendments to section 500-c of the correction law  made  by
    46  section  two of this act shall not affect the repeal of such section and
    47  shall be deemed repealed therewith.
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