Authorizes the detaining in the Orange county correctional facility of persons awaiting arraignment or appearance in any local court in the county of Orange.

---

S6984-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.686
• Apr 19, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S6984-2011 Meetings

Crime Victims, Crime and Correction: May 1, 2012

S6984-2011 Calendars

Active List: May 8, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S6984-2011 Votes

S6984-2011 Memo

BILL NUMBER:S6984

TITLE OF BILL:
An act
to amend the correction law, in relation to authorizing the use of the
Orange county correctional facility for the detention of persons
under arrest being held for arraignment or appearance

PURPOSE:
To permit defendants to be temporarily detained pending arraignment in
the Orange County Correctional Facility.

SUMMARY OF PROVISIONS:
Section 1: Section 500-a of the correction law is amended by adding a
new subdivision 2-1 permitting the orange county correctional
facility to be used for the detention of persons under arrest being
held for arraignment or appearance in any court located in the county
of Orange.

Section 2: Section 500-c of the correction law is amended by adding a
new subdivision 18.

Section 3: Effective Date

JUSTIFICATION:
This legislation was requested by the Orange County Magistrate's
Association.
The County of Orange is one of the fastest growing counties in the
State of New York.
In 2011 there were over 10,000 criminal cases filed in Orange County.
The police protection in the County of Orange is divided among 32
separate local police agencies in addition to the Orange County
Sheriffs Department, the New York State Police, and the New York
State Park Police and the Environmental Conservation Police. The
majority of these police departments including the New York State
Police do not have facilities to detain persons awaiting arraignment
and appearances before City, Town, and Village Courts.
The burden of conducting timely arraignments at all hours of the day
and night falls upon the Judges and Justices of the cities, towns,
and villages who must set aside all personal, family and business
interest to travel to their respective courthouses to conduct
arraignments. Many
arraignments occur at hours when the court is not in session and the
City Judge or Town, or Village Justice must conduct the arraignment
alone without the aid of any staff.
During the arraignments that occur at times that the court is not
normally in session, the City, Town, and Village Courts are without
any security whatsoever and must rely upon the ability of the police
agency to both monitor the defendant being arraigned and, at the same
time, maintain the security and safety of those inside the courtroom.
Arraignments of defendants at times when City, Town, and Village

Courts are not in session, oftentimes during late evenings and early
mornings, pose security risks to Judges and Justices of said courts.
This legislation would permit defendants to be temporarily detained
pending arraignment.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

S6984-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6984

                              I N  SENATE

                               April 19, 2012
                                 ___________

  Introduced  by  Sen.  LARKIN -- 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 authorizing the use
    of the Orange  county  correctional  facility  for  the  detention  of
    persons under arrest being held for arraignment or appearance

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 500-a of the correction law is amended by adding  a
  new subdivision 2-l to read as follows:

    2-L.  THE ORANGE COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE
  DETENTION OF PERSONS UNDER ARREST BEING HELD FOR ARRAIGNMENT OR  APPEAR-
  ANCE IN ANY COURT LOCATED IN THE COUNTY OF ORANGE.
    S  2.  Section  500-c of the correction law is amended by adding a new
  subdivision 18 to read as follows:

    18. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  IN  THE  COUNTY  OF
  ORANGE  ALL  THE  PROVISIONS  OF THIS SECTION SHALL EQUALLY APPLY IN ANY
  CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR  ARRAIGNMENT
  OR APPEARANCE PRIOR TO COMMITMENT, AS IF SUCH PERSON HAS BEEN JUDICIALLY
  COMMITTED  TO  THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN
  THE ORANGE COUNTY CORRECTIONAL FACILITY.
    S 3. This act shall take effect immediately, provided that the  amend-
  ment to section 500-c of the correction law, made by section two of this
  act,  shall not affect the repeal of such section pursuant to section 12
  of chapter 907 of the laws of 1984, as  amended,  and  shall  be  deemed
  repealed therewith.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15341-01-2