Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody.
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Espaillat
Ayes W/R (1): Peralta
Nays (3): Rivera, Hassell-Thompson, Montgomery
TITLE OF BILL: An act to amend the executive law, in relation to temporary detention of persons whose presumptive release, parole, conditional release or postrelease supervision alleged to have violated the terms of their release
PURPOSE: This bill would limit the temporary detention of defendants in violation of their release in a local correctional facility to three days before their transfer to state custody.
SUMMARY OF PROVISIONS: Section 1. The bill amends subparagraph (i) of paragraph (a) of subdivision 3 of section 259-I of the Executive law to provide that parole violators who are placed in the temporary detention of a local correctional facility shall be held no longer than 72 hours before they must be transferred to a state correctional facility for further temporary detention.
JUSTIFICATION: This bill would provide mandate relief for County government by providing that an alleged state parole violator must be transferred to a state correctional facility within 72 hours of his original detention in the county facility within the county where he was arrested.
In the 1990s the New York state Executive law was amended to require that the County, rather than the State provide housing for state parole violators who are arrested in a specific county. This change was made because, at that time, state correctional facilities were overcrowded. Over the years New York's state facility prisoner population has lessened resulting in the recent downsizing of state facilities.
Counties, however, are still required to maintain state parole violators at a time when County budgets are strained and the costs associated with maintaining alleged state parole violators has skyrocketed. The costs of housing prisoners with medical conditions requiring specialized care and prescription drugs can have a large impact upon county budgets. These prisoners can often remain within the local facility for extended periods of time as their requests for parole hearing extensions are granted.
This bill will restore the responsibility for housing and caring for state alleged parole violators back to the state and will help alleviate the burden upon county taxpayers.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPACT: Counties effected by this legislation will experience significant cost reductions while the State Department of Corrections will experience
additional costs. It is anticipated there will be an overall reduction in costs due to more detainee time being spent in a state facility with less overall associated cost than a county facility.
EFFECTIVE DATE: This act shall take effect 120 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 6739 IN SENATE March 15, 2012 ___________Introduced by Sen. YOUNG -- 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 executive law, in relation to temporary detention of persons whose presumptive release, parole, conditional release or post-release supervision alleged to have violated the terms of their release THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: (i) If the parole officer having charge of a presumptively released, paroled or conditionally released person or a person released to post- release supervision or a person received under the uniform act for out- of-state parolee supervision shall have reasonable cause to believe that such person has lapsed into criminal ways or company, or has violated one or more conditions of his presumptive release, parole, conditional release or post-release supervision, such parole officer shall report such fact to a member of the board, or to any officer of the department designated by the board, and thereupon a warrant may be issued for the retaking of such person and for his temporary detention in accordance with the rules of the board. The retaking and detention of any such person may be further regulated by rules and regulations of the depart- ment not inconsistent with this article. A warrant issued pursuant to this section shall constitute sufficient authority to the superintendent or other person in charge of any jail, penitentiary, lockup or detention pen to whom it is delivered to hold in temporary detention the person named therein; except that a warrant issued with respect to a person who has been released on medical parole pursuant to section two hundred fifty-nine-r of this article and whose parole is being revoked pursuant to paragraph (h) of subdivision four of such section shall
[constitute authority for]REQUIRE the immediate placement of the parolee only intoEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15022-02-2 S. 6739 2
imprisonment in the custody of the department to hold in temporary detention. IN INSTANCES IN WHICH SUCH PERSON HAS BEEN PLACED IN THE TEMPORARY DETENTION OF A LOCAL CORRECTIONAL FACILITY, THE PERIOD OF TEMPORARY DETENTION IN THE CUSTODY OF SUCH LOCAL CORRECTIONAL FACILITY SHALL NOT EXCEED SEVENTY-TWO HOURS AND THEREAFTER THE PERSON SHALL BE TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT TO HOLD IN TEMPORARY DETENTION. A warrant issued pursuant to this section shall also consti- tute sufficient authority to the person in charge of a drug treatment campus, as defined in subdivision twenty of section two of the correction law, to hold the person named therein, in accordance with the procedural requirements of this section, for a period of at least ninety days to complete an intensive drug treatment program mandated by the board as an alternative to presumptive release or parole or conditional release revocation, or the revocation of post-release supervision, and shall also constitute sufficient authority for return of the person named therein to local custody to hold in temporary detention for further revocation proceedings in the event said person does not successfully complete the intensive drug treatment program. The board's rules shall provide for cancellation of delinquency and restoration to supervision upon the successful completion of the program. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be promulgated, amended and/or repealed on or before such date.