Bill Text: NY A10159 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to remedying the inconsistent definitions for local correctional facility and municipal official and fixes other technical errors.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2018-08-24 - signed chap.247 [A10159 Detail]

Download: New_York-2017-A10159-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10159
                   IN ASSEMBLY
                                     March 21, 2018
                                       ___________
        Introduced  by M. of A. WEPRIN -- (at request of the State Commission of
          Correction) -- read once and referred to the Committee on Correction
        AN ACT to amend the correction law, in relation to remedying  inconsist-
          ent definitions and other technical errors
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2 and 4 of section 40 of the  correction  law,
     2  subdivision  2  as  amended by section 78-a of part WWW of chapter 59 of
     3  the laws of 2017, subdivision 4 as added by chapter 865 of the  laws  of
     4  1975, are amended to read as follows:
     5    2.  "Local  correctional  facility"  means any [county] jail, [county]
     6  penitentiary, [county lockup, city jail, police station  jail,  town  or
     7  village  jail  or  lockup]  state,  county  or  municipal  lockup, court
     8  detention pen, hospital  prison  ward  or  specialized  secure  juvenile
     9  detention facility for older youth.
    10    4.  "Municipal  official"  means  (a)  the  sheriff  or, where a local
    11  correctional facility is under the jurisdiction of a county  department,
    12  the  head  of such department, and clerk of the board of supervisors, in
    13  the case of a county jail; (b)  the  sheriff  or  other  officer  having
    14  custody  or  administrative  jurisdiction  and the clerk of the board of
    15  supervisors, in the case of a county penitentiary; (c) the clerk of  the
    16  board  of  supervisors in the case of a county lockup; (d) the mayor and
    17  the city clerk, in the case of a city  jail  or  [police  station  jail]
    18  lockup;  (e)  the supervisor and town clerk, in the case of a town [jail
    19  or] lockup; (f) the mayor and village clerk, in the case  of  a  village
    20  [jail or] lockup; (g) the clerk of the board of supervisors of the coun-
    21  ty  wherein  located  and  the officer having custody or control, in the
    22  case of a court detention pen or a hospital prison ward.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14463-01-8