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BILL NUMBER:S4946A

TITLE OF BILL: An act to amend the correction law, in relation to the boarding of out of state inmates at local correctional facilities; and providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes local correctional facilities to enter into contracts for the purpose of boarding-in certain inmates from other states' local correctional facilities.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 45 of the correction law by adding a new subdivision 17 to require an annual report concerning the activity of local jails which have boarded in such inmates pursuant to such agreement.

Section two adds a new paragraph g to section 500-a of the correction law to include the boarding in of out of state local inmates as an authorized use of local jails.

Section three adds a new section 500-o to the correction law authorizing a local jail to enter into an agreement with an out of state local

Section four is the effective date.

JUSTIFICATION: Over the years, many counties have been required to expand the size and capacity of their jail facilities to accommodate the county's inmate population. Over time, some of those counties have experienced decreases in inmates, leaving those larger facilities partially vacant. To offset the cost of operating these facilities at less than optimal capacity, many counties house inmates from other counties, state or federal inmates. In keeping with this practice, it would help many counties to have the option to house inmates from other states.

For example, according to the NYS Association of Counties, Vermont sends inmates to other states (specifically Virginia). Vermont pays Virginia to house these inmates for the duration of their sentence. There are however many NYS counties that border Vermont and have the ability and capacity to house these inmates. This practice can be to the mutual benefit of involved parties.

This bill could benefit every county in New York with the capacity to accept outside inmates.  This bill provides mandate relief in that it would give counties more flexibility to have a more optimal inmate population to suit the facility's capacity and minimize loss from overhead costs.

PRIOR LEGISLATIVE HISTORY: New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No cost to the state.  This bill would provide a revenue opportunity to counties.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

4946--A

2011-2012 Regular Sessions

IN SENATE

May 2, 2011
___________

Introduced  by Sens. GALLIVAN, McDONALD -- read twice and ordered print-
  ed, and when printed  to  be  committed  to  the  Committee  on  Crime
  Victims,  Crime  and Correction -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the correction law, in relation to the boarding  of  out
  of  state  inmates at local correctional facilities; and providing for
  the repeal of such provisions upon expiration thereof

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

  Section 1. Section 45 of the correction law is amended by adding a new
subdivision 17 to read as follows:
  17.  MAKE AN ANNUAL REPORT TO THE GOVERNOR, THE CHAIRMAN OF THE ASSEM-
BLY COMMITTEE ON CORRECTION AND THE CHAIRMAN OF THE SENATE COMMITTEE  ON
CRIME VICTIMS, CRIME AND CORRECTION CONCERNING INMATES CONFINED IN LOCAL
CORRECTIONAL  FACILITIES  PURSUANT TO AN AGREEMENT AUTHORIZED BY SECTION
FIVE HUNDRED-O OF THIS CHAPTER. SUCH REPORT SHALL  INCLUDE  BUT  NOT  BE
LIMITED  TO  THE  NUMBER OF COUNTIES MAINTAINING SUCH AGREEMENTS AND THE
NUMBER OF INMATES CONFINED PURSUANT TO SUCH AGREEMENTS.
  S 2. Subdivision 1 of section 500-a of the correction law  is  amended
by adding a new paragraph (g) to read as follows:
  (G)  FOR THE CONFINEMENT OF PERSONS COMMITTED PURSUANT TO AN AGREEMENT
AUTHORIZED BY SECTION FIVE HUNDRED-O OF THIS ARTICLE.
  S 3. The correction law is amended by adding a new  section  500-o  to
read as follows:
  S  500-O. AGREEMENTS FOR CUSTODY OF INMATES FROM OTHER STATES.  1. THE
SHERIFF, WARDEN, SUPERINTENDENT, LOCAL  COMMISSIONER  OF  CORRECTION  OR
OTHER  PERSON  IN CHARGE OF A LOCAL CORRECTIONAL FACILITY MAY ENTER INTO
AN AGREEMENT WITH A CORRECTIONAL INSTITUTION LOCATED IN ANOTHER STATE TO
PROVIDE FOR THE CUSTODY IN SUCH  LOCAL  CORRECTIONAL  FACILITY  IN  THIS
STATE OF PERSONS SENTENCED TO A PERIOD OF IMPRISONMENT FOR AN OFFENSE IN
SUCH OTHER STATE TO A TERM IN EXCESS OF NINETY DAYS BUT NO MORE THAN ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11197-02-1
S. 4946--A                          2

YEAR.  ANY  SUCH  AGREEMENT,  EXCEPT ONE THAT IS MADE BY THE CITY OF NEW
YORK, SHALL BE SUBJECT TO THE APPROVAL OF THE  COUNTY  LEGISLATURE,  THE
CHIEF  EXECUTIVE  OFFICER OF THE COUNTY AND THE COMMISSION. AN AGREEMENT
MADE  BY  THE  CITY  OF NEW YORK SHALL BE SUBJECT TO THE APPROVAL OF THE
CITY COUNCIL, THE MAYOR AND THE COMMISSION.
  2. INMATES WHO ARE CONFINED IN A LOCAL CORRECTIONAL FACILITY  PURSUANT
TO  AN  AGREEMENT UNDER THIS SECTION SHALL BE DEALT WITH IN ALL RESPECTS
IN THE SAME MANNER AS INMATES  COMMITTED  TO  THE  CUSTODY  OF  A  LOCAL
CORRECTIONAL   FACILITY  PURSUANT  TO  PARAGRAPH  (E)  OF  SECTION  FIVE
HUNDRED-A OF THIS ARTICLE. ALL RULES AND REGULATIONS PROMULGATED BY  THE
COMMISSION  REGARDING  THE  TREATMENT  OF  INMATES  CONFINED  IN A LOCAL
CORRECTIONAL FACILITY SHALL BE APPLICABLE TO INMATES  CONFINED  PURSUANT
TO  THIS  SECTION.  AN  INMATE CONFINED IN A LOCAL CORRECTIONAL FACILITY
PURSUANT TO AN AGREEMENT UNDER THIS SECTION SHALL NOT BE DEPRIVED OF ANY
LEGAL RIGHTS WHICH SUCH INMATE WOULD HAVE HAD IF CONFINED IN  A  CORREC-
TIONAL INSTITUTION IN THE JURISDICTION IN WHICH HE OR SHE WAS CONVICTED.
  3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO ALLOW PERSONS DULY
COMMITTED AND CONFINED TO A LOCAL CORRECTIONAL FACILITY IN THIS STATE TO
SERVE SUCH CONFINEMENT IN ANOTHER STATE.
  S 4. This act shall take effect immediately and shall expire September
1, 2014 when upon such date the provisions of this act shall  be  deemed
repealed.