Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody.

---

S6739-2011 Actions

• May 1, 2012: REPORTED AND COMMITTED TO FINANCE
• Mar 15, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S6739-2011 Meetings

Crime Victims, Crime and Correction: May 1, 2012

S6739-2011 Votes

S6739-2011 Memo

BILL NUMBER:S6739

TITLE OF BILL:
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

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 subdivi-
sion  3  of  section  259-I  of the Executive law to provide that parole
violators who are placed in the temporary detention of a  local  correc-
tional  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 provid-
ing 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 less-
ened 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 peri-
ods 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.

S6739-2011 Text

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

                                    6739

                              I N  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 into

   EXPLANATION--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.