S11-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S11-2013 Memo

BILL NUMBER:S11

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.

S11-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          11
 2013-2014 Regular Sessions
 I N  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

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