S T A T E O F N E W Y O R K
________________________________________________________________________
10191
I N A S S E M B L Y
March 10, 2010
___________
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.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07293-02-0
A. 10191 2
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
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
A. 10191 3
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 of this chapter, 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 alter-
native local reformatory inmates pursuant to section eight hundred thir-
ty-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
A. 10191 4
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:
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
A. 10191 5
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.