senate Bill S6864A

Signed by Governor

Authorizes the use of the Albany county correctional facility for detention of persons under arrest being held for arraignment in any court in the county of Albany

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Sponsor

Bill Status


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

  • 30 / Mar / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 25 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • 25 / Apr / 2012
    • PRINT NUMBER 6864A
  • 01 / May / 2012
    • 1ST REPORT CAL.685
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 08 / May / 2012
    • PASSED SENATE
  • 08 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 08 / May / 2012
    • REFERRED TO CORRECTION
  • 14 / Jun / 2012
    • SUBSTITUTED FOR A9540A
  • 14 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.202
  • 14 / Jun / 2012
    • PASSED ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2012
    • SIGNED CHAP.343

Summary

Authorizes the use of the Albany county correctional facility for the detention of persons under arrest being held for arraignment in any court in the county of Albany.

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Bill Details

See Assembly Version of this Bill:
A9540A
Versions:
S6864
S6864A
Legislative Cycle:
2011-2012
Law Section:
Correction Law
Laws Affected:
Amd ยงยง500-a & 500-c, Cor L

Sponsor Memo

BILL NUMBER:S6864A

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

PURPOSE:
To allow courts within Albany County to designate the Albany County
Correctional Facility as a holding cell for people awaiting arraignment
following an arrest in any court.

SUMMARY OF PROVISIONS:
Section 500-a of the correction law is amended by adding a new subdivi-
sion 2-1; Section 500-c of the correction law is amended by adding a new
subdivision 18.

JUSTIFICATION:
Currently, when anyone is arrested and requires detainment in a munici-
pality with no holding cell, the person cannot be jailed until he or she
is arraigned. Many jurisdictions across the State have holding cells
located in their police stations where people under arrest can be held
until a judge is available for an arraignment. However, police stations
in some municipalities are not equipped with holding cells that would
enable police to detain people under arrest until arraignment. Because
these municipalities do not have their own holding cells, police must
staff the police station and secure people under arrest until a judge
can be called to conduct the arraignment. This bill would enable munici-
palities within Albany County to use the Albany County Correctional
Facility as its holding cell.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 6864--A

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the correction law, in relation to authorizing the use
  of the Albany  county  correctional  facility  for  the  detention  of
  persons  under  arrest  being held for arraignment in any court in the
  county of Albany

  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 2-1 to read as follows:
  2-1. THE ALBANY 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 ALBANY.
  S 2. Section 500-c of the correction law is amended by  adding  a  new
subdivision 18 to read as follows:
  18. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF ALBA-
NY,  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 ALBANY 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.
                                                           LBD14059-03-2

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