Assembly Bill A7495

Vetoed By Governor
2011-2012 Legislative Session

Requires the state to pay the costs of prosecution of an inmate-patient of a state psychiatric facility

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2011-A7495 (ACTIVE) - Details

See Senate Version of this Bill:
S4864
Law Section:
Mental Hygiene Law
Laws Affected:
Add §29.28, Ment Hyg L

2011-A7495 (ACTIVE) - Summary

Requires the state to pay the costs of prosecution of an inmate-patient of a state psychiatric facility where the inmate-patient commits an offense while in the custody of the department.

2011-A7495 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7495

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Mental Health

AN ACT to amend the mental hygiene law, in  relation  to  the  costs  of
  prosecution of an inmate-patient of a state psychiatric facility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
29.28 to read as follows:
S 29.28 PAYMENT OF COSTS FOR PROSECUTION OF INMATE-PATIENTS.
  (A)  WHEN  AN INMATE-PATIENT, AS DEFINED IN SUBDIVISION (A) OF SECTION
29.27 OF THIS ARTICLE, WHO  WAS  COMMITTED  FROM  A  STATE  CORRECTIONAL
FACILITY,  IS  ALLEGED TO HAVE COMMITTED AN OFFENSE WHILE IN THE CUSTODY
OF THE DEPARTMENT, THE STATE SHALL PAY  ALL  REASONABLE  COSTS  FOR  THE
PROSECUTION  OF SUCH OFFENSE, INCLUDING BUT NOT LIMITED TO, COSTS FOR: A
GRAND JURY IMPANELED TO HEAR AND EXAMINE EVIDENCE OF SUCH OFFENSE, PETIT
JURORS, WITNESSES, THE DEFENSE  OF  ANY  INMATE  FINANCIALLY  UNABLE  TO
OBTAIN  COUNSEL IN ACCORDANCE WITH THE PROVISIONS OF THE COUNTY LAW, THE
DISTRICT ATTORNEY, THE COSTS OF THE SHERIFF AND THE APPOINTMENT OF ADDI-
TIONAL COURT ATTENDANTS, OFFICERS OR OTHER JUDICIAL PERSONNEL.
  (B) IT SHALL BE THE DUTY OF THE GOVERNING BODY OF ANY  COUNTY  WHEREIN
SUCH  PROSECUTION  OCCURS  TO CAUSE A SWORN STATEMENT OF ALL COSTS TO BE
FORWARDED TO THE DEPARTMENT. UPON CERTIFICATION BY THE  DEPARTMENT  THAT
SUCH COSTS AS AUTHORIZED BY THIS STATUTE HAVE BEEN INCURRED, THE DEPART-
MENT  SHALL  FORWARD  THE  PROPER  VOUCHERS TO THE STATE COMPTROLLER. IT
SHALL BE THE DUTY OF THE COMPTROLLER TO EXAMINE SUCH  STATEMENT  AND  TO
CORRECT  SAME  BY  STRIKING  THEREFROM  ANY  AND ALL ITEMS WHICH ARE NOT
AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SECTION AND AFTER CORRECT-
ING SUCH STATEMENT, THE COMPTROLLER  SHALL  DRAW  HIS  WARRANT  FOR  THE
AMOUNT  OF  ANY SUCH COSTS IN FAVOR OF THE APPROPRIATE COUNTY TREASURER,
WHICH SUM SHALL BE PAID TO SAID  COUNTY  TREASURER  OUT  OF  ANY  MONEYS
APPROPRIATED THEREFOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11118-01-1
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.