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Crime Victims, Crime and Correction: May 1, 2012

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Active List: May 8, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012

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Memo

BILL NUMBER:S6864A

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

PURPOSE: To allow courts within Albany County to designate the Albany County Correctional Facility as a holding cell for people awaiting arraignment following an arrest in any court.

SUMMARY OF PROVISIONS: Section 500-a of the correction law is amended by adding a new subdivision 2-1; Section 500-c of the correction law is amended by adding a new subdivision 18.

JUSTIFICATION: Currently, when anyone is arrested and requires detainment in a municipality with no holding cell, the person cannot be jailed until he or she is arraigned. Many jurisdictions across the State have holding cells located in their police stations where people under arrest can be held until a judge is available for an arraignment. However, police stations in some municipalities are not equipped with holding cells that would enable police to detain people under arrest until arraignment. Because these municipalities do not have their own holding cells, police must staff the police station and secure people under arrest until a judge can be called to conduct the arraignment. This bill would enable municipalities within Albany County to use the Albany County Correctional Facility as its holding cell.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

6864--A

IN SENATE

March 30, 2012
___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the correction law, in relation to authorizing the use
  of the Albany  county  correctional  facility  for  the  detention  of
  persons  under  arrest  being held for arraignment in any court in the
  county of Albany

  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 2-1 to read as follows:
  2-1. THE ALBANY 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 ALBANY.
  S 2. Section 500-c of the correction law is amended by  adding  a  new
subdivision 18 to read as follows:
  18. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF ALBA-
NY,  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 HAS BEEN JUDICIALLY  COMMITTED  TO  THE
CUSTODY  OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN THE ALBANY COUNTY
CORRECTIONAL FACILITY.
  S 3. This act shall take effect immediately, provided that the  amend-
ment to section 500-c of the correction law, made by section two of this
act,  shall not affect the repeal of such section pursuant to section 12
of chapter 907 of the laws of 1984, as  amended,  and  shall  be  deemed
repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14059-03-2