senate Bill S3697

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

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 11 / Feb / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 13 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1001
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO CORRECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1291
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • 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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2314
Versions:
S3697
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add ยง23-a, Cor L
Versions Introduced in 2011-2012 Legislative Cycle:
S5498A, S5498A

Sponsor Memo

BILL NUMBER:S3697

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, except for in cities with a population over one million,
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 facili-
ties, violators of their parole should be punished.

Currently, those who violate their parole are often held at local facil-
ities while appeals and extensions on hearing the violation are granted
by the court. The defendant must appear before the court within 10 busi-
ness 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 pa role they set.

It is wrong for the localities to berthed cost of detaining the state's
prisoners who have been released on parole.

HISTORY: New bill.

FISCAL IMPACT: Significant cost savings will be realized by the coun-
ties while the State Department of Correctional and Community Super-
vision 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. 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
________________________________________________________________________

                                  3697

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sens.  RITCHIE,  GALLIVAN, GRIFFO, MARCHIONE, MAZIARZ --
  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
IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE  INHABITANTS,  OR
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. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  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.
                                                           LBD05682-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.