senate Bill S6984

Authorizes the detaining in the Orange county correctional facility of persons awaiting arraignment or appearance in any local court in the county of Orange

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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

  • 19 / Apr / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 01 / May / 2012
    • 1ST REPORT CAL.686
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Authorizes the detaining in the Orange county correctional facility of persons awaiting arraignment or appearance in any local court in the county of Orange.

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Bill Details

Versions:
S6984
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd ยงยง500-a & 500-c, Cor L

Sponsor Memo

BILL NUMBER:S6984

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

PURPOSE:
To permit defendants to be temporarily detained pending arraignment in
the Orange County Correctional Facility.

SUMMARY OF PROVISIONS:
Section 1: Section 500-a of the correction law is amended by adding a
new subdivision 2-1 permitting the orange county correctional
facility to be used for the detention of persons under arrest being
held for arraignment or appearance in any court located in the county
of Orange.

Section 2: Section 500-c of the correction law is amended by adding a
new subdivision 18.

Section 3: Effective Date

JUSTIFICATION:
This legislation was requested by the Orange County Magistrate's
Association.
The County of Orange is one of the fastest growing counties in the
State of New York.
In 2011 there were over 10,000 criminal cases filed in Orange County.
The police protection in the County of Orange is divided among 32
separate local police agencies in addition to the Orange County
Sheriffs Department, the New York State Police, and the New York
State Park Police and the Environmental Conservation Police. The
majority of these police departments including the New York State
Police do not have facilities to detain persons awaiting arraignment
and appearances before City, Town, and Village Courts.
The burden of conducting timely arraignments at all hours of the day
and night falls upon the Judges and Justices of the cities, towns,
and villages who must set aside all personal, family and business
interest to travel to their respective courthouses to conduct
arraignments. Many
arraignments occur at hours when the court is not in session and the
City Judge or Town, or Village Justice must conduct the arraignment
alone without the aid of any staff.
During the arraignments that occur at times that the court is not
normally in session, the City, Town, and Village Courts are without
any security whatsoever and must rely upon the ability of the police
agency to both monitor the defendant being arraigned and, at the same
time, maintain the security and safety of those inside the courtroom.
Arraignments of defendants at times when City, Town, and Village

Courts are not in session, oftentimes during late evenings and early
mornings, pose security risks to Judges and Justices of said courts.
This legislation would permit defendants to be temporarily detained
pending arraignment.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  6984

                            I N  S E N A T E

                             April 19, 2012
                               ___________

Introduced  by  Sen.  LARKIN -- 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 Orange  county  correctional  facility  for  the  detention  of
  persons under arrest being held for arraignment or appearance

  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-l to read as follows:
  2-L.  THE ORANGE COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE
DETENTION OF PERSONS UNDER ARREST BEING HELD FOR ARRAIGNMENT OR  APPEAR-
ANCE IN ANY COURT LOCATED IN THE COUNTY OF ORANGE.
  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
ORANGE  ALL  THE  PROVISIONS  OF THIS SECTION SHALL EQUALLY APPLY IN ANY
CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR  ARRAIGNMENT
OR APPEARANCE 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 ORANGE 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.
                                                           LBD15341-01-2

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