Bill S5368-2011

Authorizes the detaining in the Ontario county correctional facility of persons awaiting arraignment in any local court in the county of Ontario

Authorizes the detaining in the Ontario county correctional facility of persons awaiting arraignment in any local court in the county of Ontario.

Details

Actions

  • Jun 15, 2011: SUBSTITUTED BY A7237
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1125
  • May 12, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 7, 2011
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Kennedy
Ayes W/R (3): Hassell-Thompson, Kruger, Peralta
Nays (1): Montgomery

Memo

BILL NUMBER:S5368

TITLE OF BILL: An act to amend the correction law, in relation to authorizing the use of the Ontario county correctional facility for the detention of persons under arrest being held for arraignment

PURPOSE OR GENERAL IDEA OF BILL: This would authorize the detaining in the Ontario County Correctional Facility of persons awaiting arraignment in any local court in the county of Ontario.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Section 500-a of the Correction Law is amended by adding a new subdivision 2-k.

Section 2: Section 500-c of the Correction Law is amended by adding a new subdivision 17.

Section 3: the effective date is established.

JUSTIFICATION: The Ontario County Board of Supervisors, by Resolution, No. 159-2011, adopted March 11, 2011, has requested legislation to be introduced in the State Legislature to permit the use of the Ontario County Jail by various law enforcement agencies for the detention of persons under arrest and being held for arraignment.

Several upstate counties are currently allowed to do this including: Allegany, Chautauqua, Chemung, Cortland, Erie, Genesee, Monroe, Onondaga, Putnam, Niagara, Seneca, and Warren Counties.

If the jail is authorized to be used for the holding of arrestees prior to arraignment, deputies would then have the ability to bring defendants to jail where a standardized bail would be set for specific classes of non-felony arrests.

This bill would prevent the necessity of locating a town or village judge for an immediate arraignment, especially when arrests are made, for example, in the middle of the night and it is difficult to locate a judge and wait for their arrival. It will not only save time, but reduce the amount of transports of arrestees and associated costs.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: This legislation will have no fiscal implication for the state, but there would be a cost savings to the county.

EFFECTIVE DATE: This act shall take effect immediately, provided that the amendment to the section 500-c of the Correction Law, made by section two of this act, shall not affect the repeal of such section pursuant to section 12 of chapter 907 of the laws of 1984, as amended, and shall be deemed repealed therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 5368 2011-2012 Regular Sessions IN SENATE May 12, 2011 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to authorizing the use of the Ontario county correctional facility for the detention of persons under arrest being held for arraignment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 500-a of the correction law is amended by adding a new subdivision 2-k to read as follows: 2-K. THE ONTARIO COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE DETENTION OF PERSONS UNDER ARREST BEING HELD FOR ARRAIGNMENT IN ANY COURT LOCATED IN THE COUNTY OF ONTARIO. S 2. Section 500-c of the correction law is amended by adding a new subdivision 17 to read as follows: 17. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF ONTARIO ALL THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR ARRAIGNMENT PRIOR TO COMMITMENT, AS IF SUCH PERSON HAS BEEN JUDICIALLY COMMITTED TO THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN THE ONTARIO COUNTY CORRECTIONAL FACILITY. S 3. This act shall take effect immediately, provided that the amend- ment to section 500-c of the correction law, made by section two of this act, shall not affect the repeal of such section pursuant to section 12 of chapter 907 of the laws of 1984, as amended, and shall be deemed repealed therewith.

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