Bill Text: NY S01876 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows for two or more counties to enter into a contract for the provision of a county jail.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2014-06-11 - referred to local governments [S01876 Detail]

Download: New_York-2013-S01876-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1876
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. BONACIC, GALLIVAN, LITTLE -- read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Local
         Government
       AN  ACT  to  amend the county law and the correction law, in relation to
         allowing two or more  counties  to  enter  into  a  contract  for  the
         provision of a county jail
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 217 of  the  county  law  is  amended  to  read  as
    2  follows:
    3    S  217.  County  jail.  [Each]  EXCEPT  AS  PROVIDED  BY  SECTION FIVE
    4  HUNDRED-P OF THE CORRECTION LAW, EACH county shall continue to  maintain
    5  a county jail as prescribed by law.
    6    S  2.  The  correction law is amended by adding a new section 500-p to
    7  read as follows:
    8    S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY
    9  OTHER PROVISION OF LAW TO THE  CONTRARY,  A  COUNTY  MAY  ENTER  INTO  A
   10  CONTRACT  WITH  ANOTHER  COUNTY  OR  WITH  THE  STATE,  TO  SHARE IN THE
   11  CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY  JAIL.
   12  SUCH  CONTRACTS,  IF  ENACTED,  MAY  RUN  CONCURRENT  WITH  ANY  BOND OR
   13  LONG-TERM FINANCING ASSOCIATED WITH THE CONSTRUCTION OF  OR  IMPROVEMENT
   14  TO A COUNTY JAIL.
   15    2.  AN  AGREEMENT  BETWEEN  TWO  OR  MORE  COUNTIES  TO  SHARE  IN THE
   16  CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A  COUNTY  JAIL
   17  PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE
   18  COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN-
   19  TY.  THE  CONTRACTING  COUNTIES  MAY AGREE THAT THE BONDING OR FINANCING
   20  MECHANISM FOR THE PROVISION OF A COUNTY JAIL MAY  BE  AMENDED  UPON  THE
   21  MUTUAL  CONSENT  OF  EACH  CONTRACTING  COUNTY'S LEGISLATURE OR BOARD OF
   22  SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02982-01-3
       S. 1876                             2
    1  OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,
    2  MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE
    3  COUNTY.
    4    3.  IF  TWO  OR  MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE
    5  CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY  JAIL,
    6  THE  JAIL  SHALL  BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE
    7  SUBJECT TO THE AGREEMENT.
    8    4. A COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE  THE  FINANCING,
    9  MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE
   10  SUCH  OTHER  COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS THE REQUIRE-
   11  MENTS OF THE STATE COMMISSION ON CORRECTION OR WHICH  HAS  A  WAIVER  OR
   12  VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS.
   13    S 3. This act shall take effect immediately.