Bill Text: NY S05933 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the commissioner of correctional services to enter into agreements with counties and the city of New York to take custody of inmates serving a definite sentence of more than 90 days to alleviate overcrowding in local correctional facilities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-06-03 - REPORTED AND COMMITTED TO FINANCE [S05933 Detail]
Download: New_York-2013-S05933-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5933 2013-2014 Regular Sessions I N S E N A T E September 16, 2013 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the correction law, in relation to agreements for custo- dy of definite sentence inmates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 91 of the correction law, as amended by section 5 2 of part H of chapter 56 of the laws of 2009, is amended to read as 3 follows: 4 S 91. Agreements for custody of definite sentence inmates. 1. The 5 commissioner may, SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS 6 SECTION, enter into an agreement with any county or with the city of New 7 York to provide for custody by the department of persons who receive 8 definite sentences of imprisonment with terms in excess of ninety days 9 who otherwise would serve such sentences in the jail, workhouse, peni- 10 tentiary or other local correctional [institution] FACILITY maintained 11 by such locality; provided, however, that a person committed to the 12 custody of the department pursuant to an agreement established by this 13 section, except a person committed pursuant to an agreement with the 14 city of New York, shall be delivered to a reception center designated by 15 the commissioner for an initial processing period which shall be no 16 longer than seven days, and thereafter, shall be transferred to a gener- 17 al confinement correctional facility located in the same county or in a 18 county adjacent to the county where such person would otherwise be 19 committed to a local correctional facility. In the event, however, that 20 exigent circumstances related to health, safety or security arise which 21 require the immediate transfer of an inmate to a different facility not 22 within the county or adjacent county, then the department shall, as soon 23 thereafter as practicable, arrange for such inmate to be returned to the 24 jurisdiction of the county from which he or she was committed. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02364-01-3 S. 5933 2 1 2. Any such agreement, except one that is made with the city of New 2 York, may be made with the sheriff, warden, superintendent, local 3 commissioner of correction or other person in charge of such [county 4 institution] LOCAL CORRECTIONAL FACILITY and shall be subject to the 5 approval of the chief executive officer of the county. An agreement made 6 with the city of New York may be made with the commissioner of 7 correction of that city and shall be subject to the approval of the 8 mayor. 9 3. An agreement made under this section [shall require the locality to 10 pay the cost of treatment, maintenance and custody furnished by the 11 department, and the costs incurred under subdivision two or three of 12 section one hundred twenty-five of this chapter relating to the 13 provision of clothing, money and transportation upon release or 14 discharge of inmates delivered to the department pursuant to the agree- 15 ment, and] shall contain at least the following provisions: 16 (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST OF TREAT- 17 MENT, MAINTENANCE, AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT; 18 (B) A provision specifying the minimum length of the term of imprison- 19 ment of persons who may be received by the department under the agree- 20 ment, which may be any term in excess of ninety days agreed to by the 21 parties and which need not be the same in each agreement; 22 [(b)] (C) A provision that no charge will be made to the state or to 23 the department or to any of its institutions during the pendency of such 24 agreement for delivery of inmates to the department by officers of the 25 locality, and that the provisions of section six hundred two of this 26 chapter or of any similar law shall not apply for delivery of inmates 27 during such time; 28 [(c)] (D) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART- 29 MENT TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN INMATE 30 FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE- 31 TY-FIVE OF THIS ARTICLE; 32 (E) Designation of the correctional facility or facilities to which 33 persons under sentences covered by the agreement are to be delivered; 34 [(d)] (F) A provision requiring the department to provide transitional 35 services upon the release of persons committed to the custody of the 36 department pursuant to an agreement established by this section; 37 [(e)] (G) Any other provision the commissioner may deem necessary or 38 appropriate; and 39 [(f)] (H) A provision giving either party the right to cancel the 40 agreement by giving the other party notice in writing, with cancellation 41 to become effective on such date as may be specified in such notice. 42 4. Notwithstanding any other provision of law, the commissioner shall 43 be authorized to grant, withhold, cause to be forfeited, or cancel time 44 allowances as provided in and in compliance with section eight hundred 45 four of this chapter. 46 5. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (H) OF SUBDIVISION 47 THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER INTO AN AGREEMENT 48 WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS 49 SECTION WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO 50 BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI- 51 TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY OF NEW 52 YORK SHALL NOT BE REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO 53 CONSTRUCT NEW CORRECTIONAL FACILITIES. 54 (B) NOTHING IN THIS SECTION SHALL PRECLUDE THE STATE COMMISSION ON 55 CORRECTIONS FROM ISSUING WAIVERS PURSUANT TO THIS ARTICLE, IF IN THE 56 DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE ISSUANCE OF THE S. 5933 3 1 WAIVER IS MORE APPROPRIATE THAN THE AGREEMENT PROVIDED FOR IN THIS 2 SECTION. 3 (C) NOTHING IN THIS SECTION SHALL PRECLUDE A COUNTY FROM ENTERING AN 4 AGREEMENT WITH A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION OF ANY 5 EXISTING AGREEMENT BETWEEN THE COUNTIES FOR THE ALLEVIATION OF OVER- 6 CROWDING AT A LOCAL CORRECTIONAL FACILITY. 7 (D) NOTHING IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW YORK FROM 8 ENTERING INTO AGREEMENTS WITH ANY COUNTY WITHIN THE STATE TO ALLEVIATE 9 OVERCROWDING AT ITS LOCAL FACILITIES. 10 6. A copy of such agreement shall be filed with the secretary of state 11 and with the clerk of each court having jurisdiction to impose sentences 12 covered by the agreement in the county or city to which it applies. 13 S 2. Section 91 of the correction law, as amended by section 10 of 14 subpart B of part C of chapter 62 of the laws of 2011, is amended to 15 read as follows: 16 S 91. Agreements for custody of definite sentence inmates. 1. The 17 [state] commissioner of corrections and community supervision may, 18 SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION enter into 19 an agreement with any county or with the city of New York to provide for 20 custody by the [state] department [of corrections and community super- 21 vision] of persons who receive definite sentences of imprisonment with 22 terms in excess of ninety days who otherwise would serve such sentences 23 in the jail, workhouse, penitentiary or other local correctional [insti- 24 tution] FACILITY maintained by such locality. 25 2. Any such agreement, except one that is made with the city of New 26 York, may be made with the sheriff, warden, superintendent, local 27 commissioner of correction or other person in charge of such [county 28 institution] LOCAL CORRECTIONAL FACILITY and shall be subject to the 29 approval of the chief executive officer of the county. An agreement made 30 with the city of New York may be made with the commissioner of 31 correction of that city and shall be subject to the approval of the 32 mayor. 33 3. An agreement made under this section [shall not require the locali- 34 ty to pay the cost of treatment, maintenance and custody furnished by 35 the state department of corrections and community supervision and] shall 36 contain at least the following provisions: 37 (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST OF TREAT- 38 MENT, MAINTENANCE AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT; 39 (B) A provision specifying the minimum length of the term of imprison- 40 ment of persons who may be received by the [state] department [of 41 corrections and community supervision] under the agreement, which may be 42 any term in excess of ninety days agreed to by the parties and which 43 need not be the same in each agreement; 44 [(b)] (C) A provision that no charge will be made to the state or to 45 the [state] department [of corrections and community supervision] or to 46 any of its institutions during the pendency of such agreement for deliv- 47 ery of inmates to the [state] department [of corrections and community 48 supervision] by officers of the locality, and that the provisions of 49 section six hundred two of this chapter or of any similar law shall not 50 apply for delivery of inmates during such time; 51 [(c)] (D) A provision that no charge shall be made to or shall be 52 payable by the state during the pendency of such agreement for the 53 expense of maintaining parole violators pursuant to section two hundred 54 [sixteen] FIFTY-NINE-I of [this chapter] THE EXECUTIVE LAW, for the 55 expense of maintaining coram nobis prisoners pursuant to section six 56 hundred one-b of this chapter, OR for the expense of maintaining felony S. 5933 4 1 prisoners pursuant to section six hundred one-c of this chapter[, or for 2 the expense of maintaining alternative local reformatory inmates pursu- 3 ant to section eight hundred thirty-five in institutions maintained by 4 the locality]; 5 [(d)] (E) A provision, approved by the state comptroller, for 6 reimbursement of the [state] department [of corrections and community 7 supervision] by the locality for expenses incurred under subdivision two 8 or three of section one hundred twenty-five of this chapter relating to 9 clothing, money and transportation furnished upon release or discharge 10 of inmates delivered to the [state] department [of corrections and 11 community supervision] pursuant to the agreement; 12 (F) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPARTMENT TO 13 PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN INMATE 14 FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE- 15 TY-FIVE OF THIS ARTICLE; 16 [(e)] (G) Designation of the correctional facility or facilities to 17 which persons under sentences covered by the agreement are to be deliv- 18 ered; 19 [(f)] (H) Any other provision the [state] commissioner [of corrections 20 and community supervision] may deem necessary or appropriate; and 21 [(g)] (I) A provision giving either party the right to cancel the 22 agreement by giving the other party notice in writing, with cancellation 23 to become effective on such date as may be specified in such notice. 24 4. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (I) OF SUBDIVISION 25 THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER INTO AN AGREEMENT 26 WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS 27 SECTION WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO 28 BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI- 29 TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY OF NEW 30 YORK SHALL NOT BE REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO 31 CONSTRUCT NEW CORRECTIONAL FACILITIES. 32 (B) NOTHING IN THIS SECTION SHALL PRECLUDE THE STATE COMMISSION ON 33 CORRECTIONS FROM ISSUING WAIVERS PURSUANT TO THIS ARTICLE, IF IN THE 34 DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE ISSUANCE OF THE 35 WAIVER IS MORE APPROPRIATE THAN THE AGREEMENT PROVIDED FOR IN THIS 36 SECTION. 37 (C) NOTHING IN THIS SECTION SHALL PRECLUDE A COUNTY FROM ENTERING AN 38 AGREEMENT WITH A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION OF ANY 39 EXISTING AGREEMENT BETWEEN COUNTIES FOR THE ALLEVIATION OF OVERCROWDING 40 AT A LOCAL CORRECTIONAL FACILITY OR FACILITIES. 41 (D) NOTHING IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW YORK FROM 42 ENTERING INTO AGREEMENTS WITH ANY COUNTY WITHIN THE STATE TO ALLEVIATE 43 OVERCROWDING AT ITS LOCAL FACILITIES. 44 5. A copy of such agreement shall be filed with the secretary of state 45 and with the clerk of each court having jurisdiction to impose sentences 46 covered by the agreement in the county or city to which it applies. 47 S 3. Subdivision 4 of section 92 of the correction law, as amended by 48 section 6 of part H of chapter 56 of the laws of 2009, is amended to 49 read as follows: 50 4. In the event any such agreement is cancelled, inmates delivered to 51 the department prior to the date of cancellation shall continue to serve 52 their sentences in the custody of such department and the provisions of 53 such agreement shall continue to apply with respect to such inmates. A 54 copy of the notice of cancellation shall be filed with the secretary of 55 state and with the clerks of courts in the manner provided in subdivi- 56 sion [four] SIX of section ninety-one of this article, and no inmates S. 5933 5 1 shall be delivered to the custody of the department under such agreement 2 after the date on which such cancellation becomes effective. 3 S 4. Subdivision 4 of section 92 of the correction law, as amended by 4 section 11 of subpart B of part C of chapter 62 of the laws of 2011, is 5 amended to read as follows: 6 4. In the event any such agreement is cancelled, inmates delivered to 7 the [state] department [of corrections and community supervision] prior 8 to the date of cancellation shall continue to serve their sentences in 9 the custody of [such] THE department and the provisions of such agree- 10 ment shall continue to apply with respect to such inmates. A copy of the 11 notice of cancellation shall be filed with the secretary of state and 12 with the clerks of courts in the manner provided in subdivision [four] 13 FIVE of section ninety-one of this article, and no inmates shall be 14 delivered to the custody of the [state] department [of corrections and 15 community supervision] under such agreement after the date on which such 16 cancellation becomes effective. 17 S 5. This act shall take effect on the thirtieth day after it shall 18 have become a law, and shall apply to agreements entered into on or 19 before such effective date; provided that the amendments to sections 91 20 and 92 of the correction law made by sections one and three of this act 21 shall be subject to the expiration and reversion of such sections pursu- 22 ant to section 8 of part H of chapter 56 of the laws of 2009, as 23 amended, when upon such date sections two and four of this act shall 24 take effect.