Authorizes the sheriff of Albany county to enter into agreements for custody of inmates from other states.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, 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, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
TITLE OF BILL: An act to amend the correction law, in relation to authorizing the sheriff of Albany county to enter into agreements for custody of inmates from other states
PURPOSE OR GENERAL IDEA OF BILL: To permit Albany County Correctional Facility to house out-of-state offenders with sentences up to two years.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new subdivision 4 to section 500-o of the correction law to allow out-of-state inmates serving a sentence of imprisonment to be held at Albany County jail for up to two years, subject to approval by county legislature and officials.
Section 2 provides an immediate effective date.
JUSTIFICATION: Last year legislation was enacted to allow local correctional facilities to enter into agreements to house out-of-state inmates who are serving sentences of at least 90 days and up to one year. The reason for the one-year limitation was that local correctional facilities generally do not provide the necessary services and programming associated with long term incarceration. However, Albany County jail has demonstrated the capacity and ability to provide the requisite services and programs for a person serving a sentence of incarceration of up to two years. As such, and upon the consent of the Albany County legislature and Albany County executive, this bill would authorize the sheriff of Albany County to house out-of-state inmates serving a sentence of at least 90 days and up to two years in the Albany County Correctional Facility and to provide the treatment, services and provisions afforded to local inmates.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: This bill creates a revenue opportunity for Albany County.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7682 IN SENATE June 13, 2012 ___________Introduced by Sens. NOZZOLIO, BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the correction law, in relation to authorizing the sher- iff of Albany county to enter into agreements for custody of inmates from other states THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 500-o of the correction law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE SHERIFF OF ALBANY COUNTY MAY ENTER INTO AN AGREEMENT WITH A CORRECTIONAL INSTITU- TION LOCATED IN ANOTHER STATE TO PROVIDE FOR THE CUSTODY IN THE ALBANY COUNTY CORRECTIONAL FACILITY OF PERSONS SENTENCED TO A PERIOD OF IMPRI- SONMENT IN SUCH OTHER STATE TO A TERM IN EXCESS OF NINETY DAYS BUT NO MORE THAN TWO YEARS, SUBJECT TO THE APPROVAL OF THE COUNTY LEGISLATURE, THE CHIEF EXECUTIVE OFFICER AND THE COMMISSION. S 2. This act shall take effect immediately; provided, however, that the amendments to section 500-o of the correction law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16243-01-2