Bill S7138-2013

Relates to the Jefferson county correctional facility

Relates to the Jefferson county correctional facility.

Details

Actions

  • Sep 4, 2014: SIGNED CHAP.346
  • Aug 25, 2014: DELIVERED TO GOVERNOR
  • May 29, 2014: returned to senate
  • May 29, 2014: passed assembly
  • May 29, 2014: ordered to third reading cal.738
  • May 29, 2014: substituted for a9520
  • May 21, 2014: referred to correction
  • May 21, 2014: DELIVERED TO ASSEMBLY
  • May 21, 2014: PASSED SENATE
  • May 20, 2014: ADVANCED TO THIRD READING
  • May 19, 2014: 2ND REPORT CAL.
  • May 14, 2014: 1ST REPORT CAL.777
  • Apr 30, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 14, 2014
Ayes (13): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera

Memo

BILL NUMBER:S7138

TITLE OF BILL: An act to amend the correction law, in relation to the Jefferson county correctional facility

PURPOSE:

This act will amend the Correction Law to allow the Jefferson County Correctional Facility to hold persons who are under arrest and awaiting their arraignment.

SUMMARY OF PROVISIONS:

Section 1 amends Section 500-a of the Correction Law by adding a new Subdivision 2-m to permit the Jefferson County Correctional Facility to be used for the detention of persons who are under arrest and being held for arraignment in any court in Jefferson County.

Section 2 amends Section 500-c of the Correction Law by adding a new Subdivision 19 to permit persons under arrest and awaiting their arraignment to be held at the Jefferson County Correctional Facility by the Jefferson County Sheriff.

Section 3 provides the effective date.

JUSTIFICATION:

Since its construction in 1992, the Jefferson County Correctional Facility has held persons under arrest who are awaiting their arraignment in any court located in Jefferson County. But, unknown to Jefferson County and the municipalities within the County, this arrangement requires permission from the State. Therefore, legislation is necessary to grant such permission and allow the practice to continue. This legislation will amend the Correction Law to provide Jefferson County with the authority to hold persons under arrest who are awaiting their arraignment. It will formally enact in law what has been done in Jefferson County for over two decades.

This arrangement is an example of Jefferson County sharing a resource with the municipalities in their county. When the Jefferson County Correctional Facility was constructed in 1992 it was determined to be in the best interest of the County and the municipalities to share the Correctional Facility. Therefore, the County agreed to hold persons who are arrested and are awaiting arraignment in the County. This legislation continues that policy by amending the Correction Law to permit the Jefferson County Correctional Facility to hold such individuals for the municipalities in Jefferson County.

Similar legislation has been enacted fourteen times before to allow other upstate counties facing a similar situation to use their county correctional facility to house persons under arrest who are awaiting their arraignment.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, provided that the amendment 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7138 IN SENATE April 30, 2014 ___________
Introduced by Sen. RITCHIE -- 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 the Jefferson county correctional facility 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-m to read as follows: 2-M. THE JEFFERSON 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 JEFFERSON. S 2. Section 500-c of the correction law is amended by adding a new subdivision 19 to read as follows: 19. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF JEFFERSON, 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 JEFFERSON 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.

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