senate Bill S5368

Authorizes the detaining in the Ontario county correctional facility of persons awaiting arraignment in any local court in the county of Ontario

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / May / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1125
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • SUBSTITUTED BY A7237

Summary

Authorizes the detaining in the Ontario county correctional facility of persons awaiting arraignment in any local court in the county of Ontario.

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Bill Details

See Assembly Version of this Bill:
A7237
Versions:
S5368
Legislative Cycle:
2011-2012
Law Section:
Correction Law
Laws Affected:
Amd ยงยง500-a & 500-c, Cor L

Votes

Sponsor Memo

BILL NUMBER:S5368

TITLE OF BILL:
An act
to amend the correction law, in relation to authorizing the use of the
Ontario county correctional facility for the detention of persons
under arrest being held for arraignment

PURPOSE OR GENERAL IDEA OF BILL:
This would authorize the detaining in
the Ontario County Correctional Facility of persons awaiting
arraignment in any local court in the county of Ontario.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 500-a of the
Correction Law is amended by adding a new subdivision 2-k.

Section 2: Section 500-c of the Correction Law is amended by adding a
new subdivision 17.

Section 3: the effective date is established.

JUSTIFICATION:
The Ontario County Board of Supervisors, by Resolution, No.
159-2011, adopted March 11, 2011, has requested legislation to be
introduced in the State Legislature to permit the use of the Ontario
County Jail by various law enforcement agencies for the detention of
persons under arrest and being held for arraignment.

Several upstate counties are currently allowed to do this including:
Allegany, Chautauqua, Chemung, Cortland, Erie, Genesee, Monroe,
Onondaga, Putnam, Niagara, Seneca, and Warren Counties.

If the jail is authorized to be used for the holding of arrestees
prior to arraignment, deputies would then have the ability to bring
defendants to jail where a standardized bail would be set for
specific classes of non-felony arrests.

This bill would prevent the necessity of locating a town or village
judge for an immediate arraignment, especially when arrests are made,
for example, in the middle of the night and it is difficult to locate
a judge and wait for their arrival. It will not only save time, but
reduce the amount of transports of arrestees and associated costs.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
This legislation will have no fiscal implication
for the state, but there would be a cost savings to the county.

EFFECTIVE DATE:
This act shall take effect immediately, provided that
the amendment to the 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.

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

                                  5368

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 12, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 Ontario county  correctional  facility  for  the  detention  of
  persons under arrest being held for arraignment

  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-k to read as follows:
  2-K. THE ONTARIO 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 ONTARIO.
  S 2. Section 500-c of the correction law is amended by  adding  a  new
subdivision 17 to read as follows:
  17.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, IN THE COUNTY OF
ONTARIO 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 ONTARIO
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.
                                                           LBD10746-01-1

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