S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2142--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government -- recom-
         mitted to the Committee on Local Government in accordance with  Senate
         Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the county law and the correction law,  in  relation  to
         allowing  two  or  more  counties  to  enter  into  a contract for the
         provision of a county jail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  217  of  the  county  law  is amended to read as
    2  follows:
    3    S 217.  County  jail.  [Each]  EXCEPT  AS  PROVIDED  BY  SECTION  FIVE
    4  HUNDRED-P  OF THE CORRECTION LAW, EACH county shall continue to maintain
    5  a county jail as prescribed by law.
    6    S 2. The correction law is amended by adding a new  section  500-p  to
    7  read as follows:
    8    S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY
    9  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,  A COUNTY MAY ENTER INTO A
   10  CONTRACT WITH ANOTHER  COUNTY  OR  WITH  THE  STATE,  TO  SHARE  IN  THE
   11  CONSTRUCTION,  FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL.
   12  SUCH CONTRACTS,  IF  ENACTED,  MAY  RUN  CONCURRENT  WITH  ANY  BOND  OR
   13  LONG-TERM  FINANCING  ASSOCIATED WITH THE CONSTRUCTION OF OR IMPROVEMENT
   14  TO A COUNTY JAIL.
   15    2. AN  AGREEMENT  BETWEEN  TWO  OR  MORE  COUNTIES  TO  SHARE  IN  THE
   16  CONSTRUCTION,  FINANCING,  IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL
   17  PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE
   18  COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN-
   19  TY. THE CONTRACTING COUNTIES MAY AGREE THAT  THE  BONDING  OR  FINANCING
   20  MECHANISM  FOR  THE  PROVISION  OF A COUNTY JAIL MAY BE AMENDED UPON THE
   21  MUTUAL CONSENT OF EACH CONTRACTING  COUNTY'S  LEGISLATURE  OR  BOARD  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01902-02-2
       S. 2142--A                          2
    1  SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL
    2  OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,
    3  MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE
    4  COUNTY.
    5    3.  IF  TWO  OR  MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE
    6  CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY  JAIL,
    7  THE  JAIL  SHALL  BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE
    8  SUBJECT TO THE AGREEMENT.
    9    4. A COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE  THE  FINANCING,
   10  MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE
   11  SUCH  OTHER  COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS THE REQUIRE-
   12  MENTS OF THE STATE COMMISSION ON CORRECTION OR WHICH  HAS  A  WAIVER  OR
   13  VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS.
   14    S 3. This act shall take effect immediately.