senate Bill S5498

Amended

Requires parole violators to be transferred to state correctional facilities after 10 days in a local correctional facility

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Bill Status


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

  • 25 / May / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1126
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2011
    • PASSED SENATE
  • 21 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 31 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 31 / May / 2012
    • PRINT NUMBER 5498A
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1356
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO CORRECTION

Summary

Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period; provisions do not apply for NYC.

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Bill Details

See Assembly Version of this Bill:
A8484
Versions:
S5498
S5498A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add ยง23-a, Cor L

Sponsor Memo

BILL NUMBER:S5498

TITLE OF BILL:
An act
to amend the correction law, in relation to parole violators

PURPOSE:
To require parole violators to be transferred to a state correctional
facility after 10 business days in a local correctional facility.

SUMMARY:
Section 1 amends the Correction Law by adding a new section 23-a in
order that after a period of ten business days in a local
correctional facility those individuals in violation of their parole
be heard by the court and either transferred to a state facility at a
cost of the Department of Correctional and Community Supervision,
granted an extension by the local court, or released by the local
court.

Section 2 provides the act shall take effect on the 120th day after it
shall have become law;
provided however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

JUSTIFICATION:
When prisoners are released on parole from state facilities, violators
of their parole should be punished.

Currently, those who violate their parole are often held at local
facilities while appeals and extensions on hearing the violation are
granted by the court. The defendant must appear before the court
within 10 business days of the court's notice to appear. The time the
violator spends in the local correctional facility is credited to
their sentence and sometimes lasts the sentence's duration.

This bill will give the court the option to grant an extension up to
20 days for the defendant's stay at the local correctional facility.
Otherwise, the parole violator will be transferred by Department of
Correctional and Community Supervision (DOCCS) to a state facility.
This bill also requires DOCS to reimburse the local facility for the
cost of the temporary detainment of the parole violator.

With overcrowding issues in local facilities at significant cost to
the localities, it's important to implement policies that will
require the state to be responsible for detaining violators of the
parole they set. It is wrong for the localities to bear the cost of
detaining the state's prisoners who have been released on parole.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPACT:
Significant cost savings will be realized by the counties while the
State Department of Correctional and Community Supervision will take


on additional costs. Overall, more efficiency and cost savings will
be realized as it is generally more expensive to house prisoners at
county correctional facilities than at state facilities.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
law; provided however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

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

                                  5498

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

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 parole violators

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

  Section 1. The correction law is amended by adding a new section  23-a
to read as follows:
  S  23-A.  TRANSFER OF PAROLE VIOLATORS. 1. IF ANY PERSON PRESUMPTIVELY
RELEASED, PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO  POST-RELEASE
SUPERVISION,  OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE
SUPERVISION SHALL HAVE BEEN ARRESTED FOR VIOLATING ONE  OR  MORE  CONDI-
TIONS  OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR
POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS  DAYS  IN  ANY
LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
  A.  TRANSFERRED  TO  A STATE CORRECTIONAL FACILITY, WITH THE COSTS AND
RESPONSIBILITIES ASSOCIATED WITH SUCH TRANSFER BORNE BY  THE  DEPARTMENT
PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
  B.  KEPT  IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE COUNTY'S COSTS
OF SUCH TEMPORARY DETAINMENT REIMBURSED BY  THE  DEPARTMENT  WHERE  SUCH
PERSON  HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS BEEN
PRONOUNCED WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY  OF
THE COMMISSIONER.
  2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO
REMAIN IN THE LOCAL CORRECTIONAL FACILITY FOR  UP  TO  TWENTY  DAYS  PER
EXTENSION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-03-1

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