Authorizes the detaining in the Orange county correctional facility of persons awaiting arraignment or appearance in any local court in the county of Orange.
Ayes (14): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kennedy, Peralta, Espaillat
TITLE OF BILL: An act to amend the correction law, in relation to authorizing the use of the Orange county correctional facility for the detention of persons under arrest being held for arraignment or appearance
PURPOSE: To permit defendants to be temporarily detained pending arraignment in the Orange County Correctional Facility.
SUMMARY OF PROVISIONS: Section 1: Section 500-a of the correction law is amended by adding a new subdivision 2-1 permitting the orange county correctional facility to be used for the detention of persons under arrest being held for arraignment or appearance in any court located in the county of Orange.
Section 2: Section 500-c of the correction law is amended by adding a new subdivision 18.
Section 3: Effective Date
JUSTIFICATION: This legislation was requested by the Orange County Magistrate's Association. The County of Orange is one of the fastest growing counties in the State of New York. In 2011 there were over 10,000 criminal cases filed in Orange County. The police protection in the County of Orange is divided among 32 separate local police agencies in addition to the Orange County Sheriffs Department, the New York State Police, and the New York State Park Police and the Environmental Conservation Police. The majority of these police departments including the New York State Police do not have facilities to detain persons awaiting arraignment and appearances before City, Town, and Village Courts. The burden of conducting timely arraignments at all hours of the day and night falls upon the Judges and Justices of the cities, towns, and villages who must set aside all personal, family and business interest to travel to their respective courthouses to conduct arraignments. Many arraignments occur at hours when the court is not in session and the City Judge or Town, or Village Justice must conduct the arraignment alone without the aid of any staff. During the arraignments that occur at times that the court is not normally in session, the City, Town, and Village Courts are without any security whatsoever and must rely upon the ability of the police agency to both monitor the defendant being arraigned and, at the same time, maintain the security and safety of those inside the courtroom. Arraignments of defendants at times when City, Town, and Village
Courts are not in session, oftentimes during late evenings and early mornings, pose security risks to Judges and Justices of said courts. This legislation would permit defendants to be temporarily detained pending arraignment.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: This act shall take effect immediately, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 6984 IN SENATE April 19, 2012 ___________Introduced by Sen. LARKIN -- 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 correction law, in relation to authorizing the use of the Orange county correctional facility for the detention of persons under arrest being held for arraignment or appearance 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-l to read as follows: 2-L. THE ORANGE COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE DETENTION OF PERSONS UNDER ARREST BEING HELD FOR ARRAIGNMENT OR APPEAR- ANCE IN ANY COURT LOCATED IN THE COUNTY OF ORANGE. 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 ORANGE ALL THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR ARRAIGNMENT OR APPEARANCE 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 ORANGE 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. LBD15341-01-2