Bill Text: NY S05593 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-12-16 - approval memo.52 [S05593 Detail]

Download: New_York-2019-S05593-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5593
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 8, 2019
                                       ___________
        Introduced  by  Sen.  MAY -- (at request of the Office of Court Adminis-
          tration) -- 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 detention of
          individuals in a county jail pending a first court  appearance  in  an
          off-hours arraignment part
          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  a
     2  new subdivision 2-t to read as follows:
     3    2-t.  Notwithstanding  any  other  provision  of  law, where the chief
     4  administrator of the courts establishes an off-hours arraignment part in
     5  a county in accordance with paragraph (w)  of subdivision one of section
     6  two hundred twelve of the judiciary law, the county correctional facili-
     7  ty may be used for the detention of persons under arrest being held  for
     8  arraignment in such part.
     9    §  2.  Section  500-c of the correction law is amended by adding a new
    10  subdivision 26 to read as follows:
    11    26. Notwithstanding any other provision of law, where the chief admin-
    12  istrator of the courts establishes an off-hours arraignment  part  in  a
    13  county  in  accordance with paragraph (w)  of subdivision one of section
    14  two hundred twelve of the judiciary law,  all  the  provisions  of  this
    15  section  shall  equally apply in any case where the sheriff is holding a
    16  person under arrest for arraignment prior  to  commitment,  as  if  such
    17  person  had  been judicially committed to the custody of the sheriff and
    18  such person may be held in such county correctional facility.
    19    § 3. This act shall take effect immediately;  provided  however,  that
    20  the  amendments  to  section 500-c of the correction law made by section
    21  two of this act shall not affect the repeal of such section and shall be
    22  deemed to repeal therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09688-01-9
feedback