Authorizes 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.
Ayes (14): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kennedy, Peralta, Espaillat
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
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.
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