BILL NUMBER:A10364

TITLE  OF  BILL:    An act to amend the correction law and the executive
law, in relation to the creation  of  a  program  to  transport  persons
subject to an outstanding warrant

PURPOSE  OR  GENERAL  IDEA  OF  BILL: Provides for the transportation of
persons subject to an outstanding warrant of arrest to  the  appropriate
jurisdiction.

SUMMARY:  Adds  a  new Section 23-a to the Correction Law and adds a new
Section 221-c to the Executive. Law.

- The Commissioner of Correction  would  be  responsible  for  providing
transportation  within the state any person for whom a felony or Class A
misdemeanor warrant have been issued from the jurisdiction in which they
are taken into custody,  to  the  jurisdiction  where  the  warrant  was
issued,  except: (1) where the distance the warrant issuing jurisdiction
would need to travel to retrieve the individual would be  less  than  50
miles  (round trip); and (2) for those persons wanted for violent crimes
whose transportation is already provided by the State Police  under  the
Violent Felony Warrant Program.

-  The Division of the State Police would continue to be responsible for
the transportation of a defendant charged with a violent felony from the
jurisdiction in which they were taken into custody to  the  jurisdiction
              

where  the warrant was issued. Additionally, the bill clarifies that the
Commissioner of Correction would not be responsible  for  transportation
of these persons.

- The cost of transporting persons would be paid from funds appropriated
to the Department of Correctional Services.

JUSTIFICATION:  This  legislation  seeks to address the concerns of many
communities about the  presence  of  wanted  criminals  in  their  area.
Currently,  if  local enforcement agencies learn that a person is wanted
in another jurisdiction for an outstanding warrant, the local police  or
sheriff  contacts  the  other  jurisdiction. However, in many instances,
they discover that the warrant-issuing jurisdiction is  not  willing  to
incur  the  necessary  expenses to pick up the suspect. For example; the
New York City police frequently will not  pick  up  fugitives  for  less
serious  crimes  (low  level  felonies  and  misdemeanors) when they are
caught upstate. While upstate police departments could deliver  suspects
to  New  York  City,  this shifts the burden to these communities, which
often cannot afford the expense. As a result, the arresting jurisdiction
will often have to release such suspects back into  the  local  communi-
ties.

This  legislation  would serve as another way to keep the communities in
New York State safe. It will help ensure that  criminals  cannot  escape
the consequences of their actions by simply moving to other parts of the
State.  Furthermore,  the  bill recognizes that many individuals who are

wanted on outstanding warrants will often continue their criminal activ-
ities in these new jurisdictions. By enforcing  the  original  warrants,
the bill will help address the problem of crime in these affected commu-
nities.

This  legislation  would  aid  communities  in establishing a program in
which the Department of Corrections would be responsible for the  trans-
portation  within  the  state  of  persons  with outstanding warrants of
arrest. This approach offers a cost-effective  solution,  as  correction
officers are already travelling to and from various communities through-
out New York State as they transport persons to a prison facility.

LEGISLATIVE HISTORY:

2008: A.4837; Referred to Corrections
2007: A.4837; Referred to Corrections
2006: A.1709; Referred to Corrections
2005; A.1709; Held for consideration in Corrections
2004: A.1570; Held for consideration in Corrections
2003: A.1570; Referred to Corrections
2002: A.2832; Referred to Corrections
2001: A.2832; Referred to Corrections
2000: A.9732; Held for consideration in Corrections

EFFECTIVE DATE: Immediately.