Allows for two or more counties to enter into a contract for the provision of a county jail.
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: To provide that counties may share a jail instead of having separate jails in each county.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1:Amends section 217 of the County Law to add the exception created by section 500-p of the Correction Law, to the requirement that each county continue to maintain its own county jail.
Section 2:Amends the Correction Law by addition a new section 500-p which provides that counties may share in the construction, maintenance, bonding and long term financing associated with a county jail.
Section 3:Effective date.
JUSTIFICATION: The Commissioner of the State Commission on Correction refuses to allow counties to share the construction, maintenance and financing of jails. In fact, when approached by Sullivan County officials about the concept of developing a regional jail with one of the adjoining counties, replied: "New York has regions; they're called counties." - source: Times Herald Record, February 10, 2010.
The answer of a State agency Commissioner when approached about the concept of a sincere regional cost sharing concept was to dismiss it out of hand. That type of attitude shows a disregard for taxpayers. There is no reason why counties should not be able to share in the cost of the construction and maintenance and long term financing of a jail. Sharing services at the local level makes sense whenever possible. Taxpayers are stretched to the brink and New York State government needs to change to meet the needs of the taxpayer, rather than continuing to insist that taxpayers change to meet the needs of the State. This common sense measure will help make that change possible.
LEGISLATIVE HISTORY: S.2142-A of 2012: Passed Senate, Died in Assembly Correction S.2142 of 2011: Died in Senate Local Government S.6941 of 2010: Passed Senate, Died in Assembly Correction
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1876 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. BONACIC, GALLIVAN, LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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: Section 1. Section 217 of the county law is amended to read as follows: S 217. County jail.
[Each]EXCEPT AS PROVIDED BY SECTION FIVE HUNDRED-P OF THE CORRECTION LAW, EACH county shall continue to maintain a county jail as prescribed by law. S 2. The correction law is amended by adding a new section 500-p to read as follows: S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY MAY ENTER INTO A CONTRACT WITH ANOTHER COUNTY OR WITH THE STATE, TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL. SUCH CONTRACTS, IF ENACTED, MAY RUN CONCURRENT WITH ANY BOND OR LONG-TERM FINANCING ASSOCIATED WITH THE CONSTRUCTION OF OR IMPROVEMENT TO A COUNTY JAIL. 2. AN AGREEMENT BETWEEN TWO OR MORE COUNTIES TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN- TY. THE CONTRACTING COUNTIES MAY AGREE THAT THE BONDING OR FINANCING MECHANISM FOR THE PROVISION OF A COUNTY JAIL MAY BE AMENDED UPON THE MUTUAL CONSENT OF EACH CONTRACTING COUNTY'S LEGISLATURE OR BOARD OF SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02982-01-3 S. 1876 2
OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER, MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE COUNTY. 3. IF TWO OR MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL, THE JAIL SHALL BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE SUBJECT TO THE AGREEMENT. 4. A COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE THE FINANCING, MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE SUCH OTHER COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS THE REQUIRE- MENTS OF THE STATE COMMISSION ON CORRECTION OR WHICH HAS A WAIVER OR VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS. S 3. This act shall take effect immediately.