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.

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S5498A-2011 Actions

• Jun 19, 2012: referred to correction
• Jun 19, 2012: DELIVERED TO ASSEMBLY
• Jun 19, 2012: PASSED SENATE
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1356
• Jun 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 31, 2012: PRINT NUMBER 5498A
• May 31, 2012: AMEND AND RECOMMIT TO FINANCE
• Mar 20, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 21, 2011: referred to correction
• Jun 21, 2011: DELIVERED TO ASSEMBLY
• Jun 21, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1126
• May 25, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S5498A-2011 Meetings

Rules: Jun 21, 2012

S5498A-2011 Calendars

Floor Calendar: Jun 19, 2012

S5498A-2011 Votes

S5498A-2011 Memo

BILL NUMBER:S5498A

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, except for in cities with a population over one million,
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 facil-
ities while appeals and extensions on hearing the violation are granted
by the court. The defendant must appear before the court within 10 busi-
ness 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 pa role they set.
It is wrong for the localities to berthed 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; provided however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on at
before such date.

S5498A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5498--A

                         2011-2012 Regular Sessions

                              I N  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 -- recommitted to the Committee on Crime Victims, Crime and
    Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
    ably  from said committee and committed to the Committee on Finance --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted to said committee

  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
  IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE  INHABITANTS,  OR
  IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11831-04-2

 S. 5498--A                          2

  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.