Bill S5423-2013

Requires parole violators in the counties of Jefferson, Oswego, and Saint Lawrence to be transferred to state correctional facilities after 10 days in a local correctional facility

Requires parole violators in the counties of Jefferson, Oswego, and Saint Lawrence to be transferred to state correctional facilities after 10 days in a local correctional facility.

Details

Actions

  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 13, 2013: referred to correction
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1363
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 16, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 4, 2013
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Hoylman, Rivera
Ayes W/R (4): Ritchie, Hassell-Thompson, Montgomery, Peralta
VOTE: COMMITTEE VOTE: - Rules - Jun 12, 2013
Ayes (20): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Parker, Espaillat
Ayes W/R (3): Krueger, Montgomery, Gianaris
Nays (1): Hassell-Thompson
Excused (1): Perkins
VOTE: COMMITTEE VOTE: - Rules - Jun 17, 2013
Ayes (20): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Parker, Espaillat
Ayes W/R (3): Krueger, Montgomery, Gianaris
Nays (1): Hassell-Thompson
Excused (1): Perkins

Memo

BILL NUMBER:S5423

TITLE OF BILL: An act to amend the correction law, in relation to parole violators in Jefferson, Oswego, and Saint Lawrence counties; and providing for the repeal of such provisions upon expiration thereof

PURPOSE: To establish a two year pilot program in the counties of Jefferson, Oswego, and Saint Lawrence for parole violators to be transferred to a state correctional facility after 10 business days in a local correctional facility.

SUMMARY OF PROVISIONS:

Section 1 amends the Correction Law by adding a new section 23-a which establishes that in the counties of Jefferson, Oswego, and Saint Lawrence, after a period of ten business days in a local correctional facility those individuals in violation of their parole be heard by the court and either transferred to a state facility at the cost of the Department of Correction and Community Supervision, granted an extension by the local court, or released by the local court.

Section 2 provides the act shall take effect on the 120th day after it shall have become law and shall expire and be deemed repealed two years after such effective date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.

JUSTIFICATION: When prisoners are released on parole from state facilities, violators of their parole should be punished.

Currently, those who violate their parole are often held at local facilities while appeals and extensions on hearing the violation are granted by the court. The defendant must appear before the court within ten business days of the court's notice to appear. The time the violator spends in the local correctional facility is credited to their sentence and sometimes lasts the duration of the sentence.

This bill will give the Courts in Jefferson, Oswego, and Saint Lawrence counties the option to grant an extension up to twenty days for the defendant's stay at the local correctional facility. Otherwise, the parole violator will be transferred by the Department of Correction and Community Supervision (DOCCS) to a state facility. This bill also requires DOCCS to reimburse the local facility for the cost of the temporary detainment of the parole violator.

With overcrowding issues in local facilities, especially in Jefferson, Oswego, and Saint Lawrence Counties, at a significant cost to the localities, it is important to implement policies that will require the state to be responsible for detaining violators of the parole they set.

It is wrong for these localities to bear the cost of detaining the state's prisoners who have been released on parole.

HISTORY: New bill.

FISCAL IMPACT: Significant cost savings will be realized by the counties while the State Department of Correctional and Community Supervision will take on additional costs. Overall, more efficiency and cost savings will be realized as it is generally more expensive to house prisoners at county correctional facilities than at state facilities.

EFFECTIVE DATE: This act shall take effect on the 120th day after it shall have become Law and shall expire and be deemed repealed two years after such effective date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5423 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. RITCHIE -- 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 parole violators in Jefferson, Oswego, and Saint Lawrence counties; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The correction law is amended by adding a new section 23-a to read as follows: S 23-A. TRANSFER OF PAROLE VIOLATORS. 1. IN THE COUNTIES OF JEFFER- SON, OSWEGO, AND ST. LAWRENCE, IF ANY PERSON PRESUMPTIVELY RELEASED, PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST-RELEASE SUPERVISION, OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION SHALL HAVE BEEN ARRESTED FOR VIOLATING ONE OR MORE CONDITIONS OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS DAYS IN ANY LOCAL CORREC- TIONAL FACILITY, SHALL EITHER BE: A. TRANSFERRED TO A STATE CORRECTIONAL FACILITY, WITH THE COSTS AND RESPONSIBILITIES ASSOCIATED WITH SUCH TRANSFER BORNE BY THE DEPARTMENT PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR B. KEPT IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE COUNTY'S COSTS OF SUCH TEMPORARY DETAINMENT REIMBURSED BY THE DEPARTMENT WHERE SUCH PERSON HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS BEEN PRONOUNCED WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF THE COMMISSIONER. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO REMAIN IN THE LOCAL CORRECTIONAL FACILITY FOR UP TO TWENTY DAYS PER EXTENSION.
S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall expire and be deemed repealed 2 years after such effective date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus