Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period; provisions do not apply for NYC.
Ayes (9): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (3): Rivera, Kruger, Peralta
Nays (2): Hassell-Thompson, Montgomery
Ayes (47): Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (15): Adams, Avella, Dilan, Duane, Gianaris, Hassell-Thomps, Huntley, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Squadron, Stavisky
Ayes (11): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta, Espaillat
Ayes W/R (1): Montgomery
Nays (2): Rivera, Hassell-Thompson
TITLE OF BILL: An act to amend the correction law, in relation to parole violators
PURPOSE: To require parole violators to be transferred to a state correctional facility after 10 business days in a local correctional facility.
SUMMARY: Section 1 amends the Correction Law by adding a new section 23-a in order that 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 a cost of the Department of Correctional 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; provided however, that 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 10 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 sentence's duration.
This bill will give the court the option to grant an extension up to 20 days for the defendant's stay at the local correctional facility. Otherwise, the parole violator will be transferred by Department of Correctional and Community Supervision (DOCCS) to a state facility. This bill also requires DOCS to reimburse the local facility for the cost of the temporary detainment of the parole violator.
With overcrowding issues in local facilities at significant cost to the localities, it's important to implement policies that will require the state to be responsible for detaining violators of the parole they set. It is wrong for the localities to bear the cost of detaining the state's prisoners who have been released on parole.
LEGISLATIVE 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; provided however, that 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.
STATE OF NEW YORK ________________________________________________________________________ 5498 2011-2012 Regular Sessions IN SENATE May 25, 2011 ___________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 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. 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 CONDI- TIONS OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS DAYS IN ANY LOCAL CORRECTIONAL 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; provided, however, that effective immediate- ly, 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11831-03-1