Relates to making the cost of incarceration for non-violent felons available to the public.
TITLE OF BILL: An act to amend the criminal procedure law and the correction law, in relation to making the cost of incarceration for non-violent felony offenders available to the public
PURPOSE OR GENERAL IDEA OF BILL: To make the cost of incarceration available to the public for nonviolent felony offenders.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the criminal procedure law by adding a new Article 425. Requires the sentencing judge to make the cost of incarceration available to the public when a sentence of incarceration is imposed upon a nonviolent felony offender. Requires the Department of Correctional Services to provide an estimate of the cost of incarceration upon the request of the sentencing judge prior to sentencing. Defines nonviolent felony offenses.
Section 2. Amends the correction law by adding a new section 601-e to require the Department of Correctional Services to provide an estimate of the cost of incarceration for a nonviolent felony offender, at the request of the sentencing judge.
Section 3. Effective Date
JUSTIFICATION: When nonviolent felony offenders receive a sentence of incarceration, the cost of their incarceration should be made available to the public. Taxpayers after all, pay the cost of incarceration and they should know how their taxes are being spent.
This bill would require the Department of Corrections, upon the request of the sentencing judge, to provide an estimate of the cost of incarceration for nonviolent felony offenders. Knowledge of the cost of incarceration may increase the use of less expensive alternatives to incarceration when such alternatives are appropriate.
PRIOR LEGISLATIVE HISTORY: 2012: S.501 - Referred to Crime, Victims, Crime and Correction 2011: S.501 - Discharged from Codes, Committed to Crime, Victims, Crime and Correction 2010: S.8494 - Referred to Rules
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: Sixty days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 11 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the correction law, in relation to making the cost of incarceration for non-violent felony offenders available to the public THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new arti- cle 425 to read as follows: ARTICLE 425--COST OF INCARCERATION FOR NON-VIOLENT FELONS MADE PUBLIC SECTION 425.10 COST OF INCARCERATION FOR NON-VIOLENT FELONS MADE PUBLIC. S 425.10 COST OF INCARCERATION FOR NON-VIOLENT FELONS MADE PUBLIC. 1. UPON IMPOSING A SENTENCE OF INCARCERATION FOR A CONVICTION OF A NON-VIOLENT FELONY OFFENSE, THE SENTENCING JUDGE SHALL MAKE SUCH COST AVAILABLE TO THE PUBLIC. 2. AT THE REQUEST OF THE SENTENCING JUDGE, AN ESTIMATE OF SUCH COST SHALL BE PROVIDED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION TO THE SENTENCING JUDGE PRIOR TO THE IMPOSITION OF SUCH SENTENCE. 3. FOR PURPOSES OF THIS SECTION, NON-VIOLENT FELONY OFFENSE SHALL MEAN AND INCLUDE ANY FELONY NOT DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW. S 2. The correction law is amended by adding a new section 601-e to read as follows: S 601-E. COST OF INCARCERATION FOR NON-VIOLENT FELONY OFFENDERS. THE DEPARTMENT SHALL PROVIDE A SENTENCING COURT WITH AN ESTIMATE OF THE COST OF INCARCERATION FOR A NON-VIOLENT FELONY OFFENDER AT THE REQUEST OF A SENTENCING JUDGE. S 3. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00926-01-3