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