S T A T E   O F   N E W   Y O R K
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                                  4592

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by  M. of A. O'DONNELL, AUBRY -- Multi-Sponsored by -- M. of
  A. COOK -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to  reimbursing  locali-
  ties for the cost of transporting certain prisoners to prison

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

  Section 1. Section 602 of the correction law, as  amended  by  chapter
891 of the laws of 1962, is amended to read as follows:
  S  602. Expenses of sheriff for transporting prisoners.  For conveying
a prisoner or prisoners to a state prison from the  county  prison,  the
sheriff  or person having charge of the same shall be reimbursed for the
amount of expenses actually and necessarily incurred by him  OR  HER  AS
APPROVED  BY  THE STATE DIRECTOR OF THE BUDGET for railroad fare or cost
of other transportation and  for  cost  of  maintenance  of  himself  OR
HERSELF  and  each  prisoner  in going to the prison, and for his OR HER
railroad fare or other cost of transportation  in  returning  home,  and
cost  of his OR HER maintenance while so returning. [The county shall be
reimbursed for a portion of the salary of such sheriff or person for the
period, not to exceed thirty-six hours, from the commencement of  trans-
portation from the county prison to the return of such sheriff or person
to the county prison, the amount of such reimbursement to be computed by
adding  to  the  amount of such salary the total amount of the aforesaid
expenses incurred for transportation and maintenance  and  reducing  the
resulting aggregate amount, first, by fifty per centum of such aggregate
amount  and,  second,  by  the  total  amount  of the aforesaid expenses
incurred for transportation and maintenance.]
  S 2. The correction law is amended by adding a new  section  602-a  to
read as follows:
  S  602-A. REIMBURSEMENT TO CITIES AND COUNTIES FOR SALARIES OF EMPLOY-
EES ENGAGED IN TRANSPORTING PRISONERS. THE AMOUNT OF SALARY  PAID  TO  A
CITY  OR  COUNTY  EMPLOYEE  WHO  PERFORMS CUSTODIAL SERVICES FOR A FIXED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05943-01-3
              

A. 4592                             2

YEARLY SALARY, WHILE HE OR SHE IS ENGAGED IN ESCORTING A PRISONER  TO  A
STATE  PRISON AND RETURNING THEREFROM, SHALL TO THE EXTENT OF THE ACTUAL
COST THEREOF AS DETERMINED BY THE STATE DIRECTOR  OF  THE  BUDGET  BE  A
PROPER  CHARGE  BY  SUCH CITY OR COUNTY AGAINST THE STATE. THE HEAD OF A
DEPARTMENT, BUREAU, DIVISION OR OTHER AGENCY OR UNIT OF A CITY OR COUNTY
HIRING SUCH  EMPLOYEES  SHALL  EXECUTE  A  DETAILED  MONTHLY  STATEMENT,
SUBSCRIBED  AND  AFFIRMED  AS  TRUE  UNDER THE PENALTIES OF PERJURY, AND
PROMPTLY FORWARD IT TO THE DIRECTOR. SUCH STATEMENT  SHALL  INCLUDE  THE
NAME  OR  NAMES  OF  THE CUSTODIAL EMPLOYEE OR EMPLOYEES WHO, DURING THE
PREVIOUS MONTH, ESCORTED A PRISONER TO A STATE PRISON, THE DATE OR DATES
OF SUCH SERVICES, INCLUDING THE TIME REQUIRED TO RETURN FROM THE PRISON,
AND THE AMOUNT OF SALARY EARNED BY SUCH EMPLOYEE OR EMPLOYEES  WHILE  SO
ENGAGED.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law and shall  apply
to costs incurred by localities on and after such date.