Bill Text: NY S08692 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-08 - ADVANCED TO THIRD READING [S08692 Detail]

Download: New_York-2023-S08692-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8692

                    IN SENATE

                                      March 1, 2024
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 use of certain
          county jails; and 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

          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-three 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
    23  fifty-three  of  the  county  law, as if such person had been judicially

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14702-02-4
        S. 8692                             2

     1  committed to the custody of the sheriff and such person may be  held  in
     2  the Madison county correctional facility.
     3    28. Notwithstanding any other provision of law, in the county of Onei-
     4  da  all  the  provisions of this section shall equally apply in any case
     5  where the sheriff is holding a person under the authority and  jurisdic-
     6  tion  of  the  Oneida  Indian  Nation  court pursuant to a county-tribal
     7  detention agreement between the county  of  Oneida,  the  Oneida  county
     8  sheriff  and  the Oneida Indian Nation pursuant to section eight hundred
     9  fifty-three of the county law, as if such  person  had  been  judicially
    10  committed  to  the custody of the sheriff and such person may be held in
    11  the Oneida county correctional facility.
    12    § 3. The county law is amended by adding a new section 853 to read  as
    13  follows:
    14    §  853.  County-tribal detention agreements. Notwithstanding any other
    15  provision of law, upon filing with the secretary of state,  the  county-
    16  tribal detention agreements executed between the counties of Madison and
    17  Oneida  and the Oneida Indian Nation shall upon their effective dates be
    18  deemed approved, ratified, validated and confirmed by  the  legislature.
    19  It  is  the  intention  of  the  legislature in enacting this section to
    20  ensure that such  county-tribal  detention  agreements  shall  be  fully
    21  enforceable in all respects as to the rights, benefits, responsibilities
    22  and privileges of all parties thereto.
    23    §  4.  This  act shall take effect immediately; provided, however that
    24  the amendments to section 500-c of the correction law  made  by  section
    25  two of this act shall not affect the repeal of such section and shall be
    26  deemed repealed therewith.