A398-2011 Actions

• Jan 18, 2012: print number 398a
• Jan 18, 2012: amend and recommit to correction
• Jan 4, 2012: referred to correction
• Jan 5, 2011: referred to correction

A398-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          398
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit
 tee on Correction
 

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:

 

Section  1. 

Section 91 of the correction law, as amended by section 5
 of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
 follows:

 

S  91.  Agreements  for  custody  of definite sentence inmates. 1. The
 commissioner may, SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF  THIS
 SECTION, enter into an agreement with any county or with the city of New
 York  to  provide  for  custody by the department of persons who receive
 definite sentences of imprisonment with terms in excess of  ninety  days
 who  otherwise  would serve such sentences in the jail, workhouse, peni
 tentiary or other local correctional [institution]  FACILITY  maintained
 by  such  locality;  provided,  however,  that a person committed to the
 custody of the department pursuant to an agreement established  by  this
 section,  except  a  person  committed pursuant to an agreement with the
 city of New York, shall be delivered to a reception center designated by
 the commissioner for an initial processing  period  which  shall  be  no
 longer than seven days, and thereafter, shall be transferred to a gener
 al  confinement correctional facility located in the same county or in a
 county adjacent to the county  where  such  person  would  otherwise  be
 committed  to a local correctional facility. In the event, however, that
 exigent circumstances related to health, safety or security arise  which
 require  the immediate transfer of an inmate to a different facility not
 within the county or adjacent county, then the department shall, as soon
 thereafter as practicable, arrange for such inmate to be returned to the
 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.
 LBD02188-01-1
 
       A. 398                              2
 2. Any such agreement, except one that is made with the  city  of  New
 York,  may  be  made  with  the  sheriff,  warden, superintendent, local
 commissioner of correction or other person in  charge  of  such  [county
 institution]  LOCAL  CORRECTIONAL  FACILITY  and shall be subject to the
 approval of the chief executive officer of the county. An agreement made
 with  the  city  of  New  York  may  be  made  with  the commissioner of
 correction of that city and shall be subject  to  the  approval  of  the
 mayor.
 3. An agreement made under this section [shall require the locality to
 pay  the  cost  of  treatment,  maintenance and custody furnished by the
 department, and the costs incurred under subdivision  two  or  three  of
 section  one  hundred  twenty-five  of  this  chapter  relating  to  the
 provision  of  clothing,  money  and  transportation  upon  release   or
 discharge  of inmates delivered to the department pursuant to the agree-
 ment, and] shall contain at least the following provisions:

 (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT
 MENT, MAINTENANCE, AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;
 (B) A provision specifying the minimum length of the term of imprison
 ment  of  persons who may be received by the department under the agree
 ment, which may be any term in excess of ninety days agreed  to  by  the
 parties and which need not be the same in each agreement;
 [(b)]  (C)  A provision that no charge will be made to the state or to
 the department or to any of its institutions during the pendency of such
 agreement for delivery of inmates to the department by officers  of  the
 locality,  and  that  the  provisions of section six hundred two of this
 chapter or of any similar law shall not apply for  delivery  of  inmates
 during such time;
 [(c)] (D) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART
 MENT  TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN INMATE
 FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE
 TY-FIVE OF THIS ARTICLE;
 (E) Designation of the correctional facility or  facilities  to  which
 persons under sentences covered by the agreement are to be delivered;
 [(d)] (F) A provision requiring the department to provide transitional
 services  upon  the  release  of persons committed to the custody of the
 department pursuant to an agreement established by this section;
 [(e)] (G) Any other provision the commissioner may deem  necessary  or
 appropriate; and
 [(f)]  (H)  A  provision  giving  either party the right to cancel the
 agreement by giving the other party notice in writing, with cancellation
 to become effective on such date as may be specified in such notice.
 4. Notwithstanding any other provision of law, the commissioner  shall
 be  authorized to grant, withhold, cause to be forfeited, or cancel time
 allowances as provided in and in compliance with section  eight  hundred
 four of this chapter.
 5.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (H) OF SUBDIVISION
 THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER  INTO  AN  AGREEMENT
 WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
 SECTION  WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO
 BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI
 TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY  OF  NEW
 YORK  SHALL  NOT  BE  REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO
 CONSTRUCT NEW CORRECTIONAL FACILITIES.
 (B) NOTHING IN THIS SECTION SHALL PRECLUDE  THE  STATE  COMMISSION  ON
 CORRECTIONS  FROM  ISSUING  WAIVERS  PURSUANT TO THIS ARTICLE, IF IN THE
 DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE  ISSUANCE  OF  THE
 
       A. 398                              3
 WAIVER  IS  MORE  APPROPRIATE  THAN  THE  AGREEMENT PROVIDED FOR IN THIS
 SECTION.
 (C)  NOTHING  IN THIS SECTION SHALL PRECLUDE A COUNTY FROM ENTERING AN
 AGREEMENT WITH A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION  OF  ANY
 EXISTING  AGREEMENT  BETWEEN  THE  COUNTIES FOR THE ALLEVIATION OF OVER
 CROWDING AT A LOCAL CORRECTIONAL FACILITY.
 (D) NOTHING IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW  YORK  FROM
 ENTERING  INTO  AGREEMENTS WITH ANY COUNTY WITHIN THE STATE TO ALLEVIATE
 OVERCROWDING AT ITS LOCAL FACILITIES.
 6. A copy of such agreement shall be filed with the secretary of state
 and with the clerk of each court having jurisdiction to impose sentences
 covered by the agreement in the county or city to which it applies.
 

S 2.

Section 91 of the correction law, as added by chapter 478 of  the
 laws of 1970, is amended to read as follows:

 

S  91.  Agreements  for  custody of definite sentence inmates.  1. The
 [state] commissioner [of correction] may, SUBJECT TO THE  PROVISIONS  OF
 SUBDIVISION FOUR OF THIS SECTION, enter into an agreement with any coun
 ty  or  with  the city of New York to provide for custody by the [state]
 department [of correction] of persons who receive definite sentences  of
 imprisonment  with  terms  in  excess of ninety days who otherwise would
 serve such sentences in the jail, workhouse, penitentiary or other local
 correctional [institution] FACILITY maintained by such locality.
 2. Any such agreement, except one that is made with the  city  of  New
 York,  may  be  made  with  the  sheriff,  warden, superintendent, local
 commissioner of correction or other person in  charge  of  such  [county
 institution]  LOCAL  CORRECTIONAL  FACILITY  and shall be subject to the
 approval of the chief executive officer of the county. An agreement made
 with the city  of  New  York  may  be  made  with  the  commissioner  of
 correction  of  that  city  and  shall be subject to the approval of the
 mayor.
 3. An agreement made under this section [shall not require the locali-
 ty to pay the cost of treatment, maintenance and  custody  furnished  by
 the  state  department  of  correction  and]  shall contain at least the
 following provisions:

 (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT
 MENT, MAINTENANCE AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;
 (B) A provision specifying the minimum length of the term of imprison
 ment  of  persons  who  may  be  received  by the [state] department [of
 correction] under the agreement, which may be  any  term  in  excess  of
 ninety  days  agreed to by the parties and which need not be the same in
 each agreement;
 [(b)] (C) A provision that no charge will be made to the state  or  to
 the  [state]  department  [of  correction] or to any of its institutions
 during the pendency of such agreement for delivery  of  inmates  to  the
 [state] department [of correction] by officers of the locality, and that
 the  provisions  of  section  six  hundred two of this chapter or of any
 similar law shall not apply for delivery of inmates during such time;
 [(c)] (D) A provision that no charge shall be  made  to  or  shall  be
 payable  by  the  state  during  the  pendency of such agreement for the
 expense of maintaining parole violators pursuant to section two  hundred
 [sixteen]  FIFTY-NINE-I  of  [this  chapter]  THE EXECUTIVE LAW, for the
 expense of maintaining coram nobis prisoners  pursuant  to  section  six
 hundred  one-b of this chapter, OR for the expense of maintaining felony
 prisoners pursuant to section six hundred one-c of this chapter[, or for
 the expense of maintaining alternative local reformatory inmates  pursu-
 
       A. 398                              4
 ant  to  section eight hundred thirty-five in institutions maintained by
 the locality];
 [(d)]  (E)  A  provision,  approved  by  the  state  comptroller,  for
 reimbursement of the [state] department [of correction] by the  locality
 for  expenses  incurred  under  subdivision  two or three of section one
 hundred twenty-five of this chapter  relating  to  clothing,  money  and
 transportation  furnished upon release or discharge of inmates delivered
 to the [state] department [of correction] pursuant to the agreement;
 [(e)] (F) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART
 MENT TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN  INMATE
 FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE
 TY-FIVE OF THIS ARTICLE;
 (G)  Designation  of  the correctional facility or facilities to which
 persons under sentences covered by the agreement are to be delivered;
 [(f)] (H) Any other provision the [state] commissioner [of correction]
 may deem necessary or appropriate; and
 [(g)] (I) A provision giving either party  the  right  to  cancel  the
 agreement by giving the other party notice in writing, with cancellation
 to become effective on such date as may be specified in such notice.
 4.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (I) OF SUBDIVISION
 THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER  INTO  AN  AGREEMENT
 WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
 SECTION  WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO
 BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI
 TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY  OF  NEW
 YORK  SHALL  NOT  BE  REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO
 CONSTRUCT NEW CORRECTIONAL FACILITIES.
 (B) NOTHING IN THIS SECTION SHALL PRECLUDE  THE  STATE  COMMISSION  ON
 CORRECTIONS  FROM  ISSUING  WAIVERS  PURSUANT TO THIS ARTICLE, IF IN THE
 DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE  ISSUANCE  OF  THE
 WAIVER  IS  MORE  APPROPRIATE  THAN  THE  AGREEMENT PROVIDED FOR IN THIS
 SECTION.
 (C) NOTHING IN THIS SECTION SHALL PRECLUDE A COUNTY FROM  ENTERING  AN
 AGREEMENT  WITH  A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION OF ANY
 EXISTING AGREEMENT BETWEEN COUNTIES FOR THE ALLEVIATION OF  OVERCROWDING
 AT A LOCAL CORRECTIONAL FACILITY OR FACILITIES.
 (D)  NOTHING  IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW YORK FROM
 ENTERING INTO AGREEMENTS WITH ANY COUNTY WITHIN THE STATE  TO  ALLEVIATE
 OVERCROWDING AT ITS LOCAL FACILITIES.
 5. A copy of such agreement shall be filed with the secretary of state
 and with the clerk of each court having jurisdiction to impose sentences
 covered by the agreement in the county or city to which it applies.
 

S  3. Subdivision 4 of section 92 of the correction law, as amended by
 section 6 of part H of chapter 56 of the laws of  2009,  is  amended  to
 read as follows:

 4.  In the event any such agreement is cancelled, inmates delivered to
 the department prior to the date of cancellation shall continue to serve
 their sentences in the custody of such department and the provisions  of
 such  agreement  shall continue to apply with respect to such inmates. A
 copy of the notice of cancellation shall be filed with the secretary  of
 state  and  with the clerks of courts in the manner provided in subdivi
 sion [four] SIX of section ninety-one of this article,  and  no  inmates
 shall be delivered to the custody of the department under such agreement
 after the date on which such cancellation becomes effective.
 

S  4.  Subdivision  4 of section 92 of the correction law, as added by
 chapter 478 of the laws of 1970, is amended to read as follows:

 
       A. 398                              5
 4. In the event any such agreement is cancelled, inmates delivered  to
 the [state] department [of correction] prior to the date of cancellation
 shall  continue  to  serve  their sentences in the custody of [such] THE
 department and the provisions of such agreement shall continue to  apply
 with respect to such inmates. A copy of the notice of cancellation shall
 be  filed  with  the secretary of state and with the clerks of courts in
 the manner provided in subdivision [four] FIVE of section ninety-one  of
 this  article,  and  no inmates shall be delivered to the custody of the
 [state] department [of correction] under such agreement after  the  date
 on which such cancellation becomes effective.
 

S  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law, and shall apply to  agreements  entered  into  on  or
 before  such effective date; provided that the amendments to sections 91
 and 92 of the correction law made by sections one and three of this  act
 shall be subject to the expiration and reversion of such sections pursu
 ant  to  section  8  of  part  H  of  chapter 56 of the laws of 2009, as
 amended, when upon such date sections two and four  of  this  act  shall
 take effect.

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