Bill S6765-2009

Authorizes the Montgomery county correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in Montgomery county

Authorizes the Montgomery county correctional facility may also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Montgomery.

Details

Actions

  • May 25, 2010: SUBSTITUTED BY A9826
  • Mar 24, 2010: ADVANCED TO THIRD READING
  • Mar 23, 2010: 2ND REPORT CAL.
  • Mar 22, 2010: 1ST REPORT CAL.287
  • Feb 3, 2010: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 22, 2010
Ayes (13): Hassell-Thompson, Montgomery, Kruger, Sampson, Serrano, Aubertine, Foley, Golden, Nozzolio, Volker, Maziarz, Little, Winner
Ayes W/R (1): Duane

Memo

 BILL NUMBER:  S6765

TITLE OF BILL : An act to amend the correction law, in relation to authorizing the Montgomery county correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Montgomery

SUMMARY OF PROVISIONS : SECTION 1 amends Section 500-a of the Correction Law by adding subdivision 2-j that allows the Montgomery County jail to detain persons under arrest being held for arraignment in any court in Montgomery County.

SECTION 2 amends Section 500-c of the Correction Law by adding a subdivision 16 to provide that in Montgomery County all provisions of the section shall apply equally in any case where the sheriff is holding a person under arrest for arraignment prior to commitment as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Montgomery county correctional facility

SECTION 3 is the effective date.

JUSTIFICATION : The Montgomery County Legislature is requesting legislation, which would permit the use of the Montgomery County jail by various police agencies as a holding cell for pre-arraigned prisoners. This would allow for the best utilization of county resources and staff allocations.

LEGISLATIVE HISTORY : New in 2010.

FISCAL IMPLICATIONS : None.

LOCAL FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately; provided fmiher, that the amendments to section 500-c of the correction law, as made by section two of this act, shall not affect the repeal of such section and shall be deemed repealed therewith

Text

STATE OF NEW YORK ________________________________________________________________________ S. 6765 A. 9826 S E N A T E - A S S E M B L Y February 3, 2010 ___________
IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction IN ASSEMBLY -- Introduced by M. of A. AMEDORE -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to authorizing the Mont- gomery county correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Montgomery THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 500-a of the correction law is amended by adding a new subdivision 2-j to read as follows: 2-J. THE MONTGOMERY COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE DETENTION OF PERSONS UNDER ARREST BEING HELD FOR ARRAIGNMENT IN ANY COURT LOCATED IN THE COUNTY OF MONTGOMERY. S 2. Section 500-c of the correction law is amended by adding a new subdivision 16 to read as follows: 16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF MONT- GOMERY ALL THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR ARRAIGNMENT PRIOR TO COMMITMENT, AS IF SUCH PERSON HAD BEEN JUDICIALLY COMMITTED TO THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN THE MONTGOMERY COUNTY CORRECTIONAL FACILITY. S 3. This act shall take effect immediately; provided further, that the amendments to section 500-c of the correction law, as made by section two of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.

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