NY State Senate Bill 2009-S1250

Senate Bill S1250

2009-2010 Legislative Session

Requires the commissioner of correctional services to enter into agreements to house local inmates to alleviate overcrowding in local correctional facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2010	reported and committed to finance
Mar 15, 2010	print number 1250a
Mar 15, 2010	amend and recommit to crime victims, crime and correction
Jan 06, 2010	referred to crime victims, crime and correction
Jan 28, 2009	referred to crime victims, crime and correction

Votes

- Mar 22, 2010 - Crime Victims, Crime And Correction Committee Vote
  S1250
  
  13
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 22, 2010
      
      aye (13)
      
      Aubertine
      
      Foley
      
      Golden
      
      Hassell-Thompson
      
      Kruger
      
      Little
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Sampson
      
      Serrano
      
      Volker
      
      Winner
      
      aye wr (1)
      
      Duane

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S1250 - Details

Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§91 & 92, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1429
2013-2014: S5933
2015-2016: S2394
2017-2018: S3833

2009-S1250 - Summary

Requires the commissioner of correctional services to enter into agreements with counties and the city of New York to take custody of inmates serving a definite sentence of more than 90 days to alleviate overcrowding in local correctional facilities.

2009-S1250 - Sponsor Memo

                                 BILL NUMBER:  S1250

 TITLE OF BILL :

An act to amend the correction law, in relation to agreements for
custody of definite sentence inmates


 PURPOSE :

Requires the Commissioner of the Department of Corrections to enter
into agreements to house local inmates when the State Commission on
Corrections determines it necessary to alleviate overcrowding at local
correctional facilities.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 91 of the Correction Law requiring counties
to pay the cost of treatment, maintenance and custody of an inmate
housed in a state facility when the State Commission on Corrections
deems it necessary to alleviate overcrowding in a local facility.
Allows for the issuance of waivers, the continuation of agreements
between counties and for the city of New York to enter into agreements
with any counties to alleviate overcrowding. Once the State Commission
on Corrections make a determination that local inmates should be
housed in a State facility pursuant to an agreement, the State

Commission on Corrections can no longer mandate that a locality
construct new facilities.

Section 2 amends subdivision 4 of the Correction Law.

Section 3 sets the effective date.

 JUSTIFICATION :

Recently, the State Department of Corrections made a recommendation to
close four state correctional facilities citing the need for down
sizing. At the same time, a number of county correctional facilities
across the State are experiencing overcrowding issues. Several
counties have been issued temporary waivers from the State Commission
on Corrections allowing them to exceed their current inmate bed
capacity while some county facilities have entered into agreements
with other county facilities to temporarily ease overcrowding issues.

At a time when the State is experiencing an economic downturn and
building costs have escalated, we should be utilizing existing space
before asking taxpayers to fund capital costs that can be avoided if a
shared services approach is fiscally prudent. This measure requires
the Department of Corrections to enter into an agreement with counties
experiencing overcrowding if the State Commission on Corrections
determines this is the best course of action to alleviate
overcrowding.

 LEGISLATIVE HISTORY :

2007-2008:  S.7949-A - Passed Senate

 FISCAL IMPLICATIONS :

Should provide significant savings to counties who would otherwise
have to invest in expansion or new buildings.

 EFFECTIVE DATE :
Thirty days after it becomes law.

2009-S1250 - Bill Text download pdf

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

                                  1250

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  SALAND -- 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 agreements for custo-
  dy of definite sentence inmates

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

  Section 1. Section 91 of the correction law, as added by  chapter  478
of the laws of 1970, is amended to read as follows:
  S  91.  Agreements  for  custody of definite sentence inmates.  1. The
[state] commissioner [of correction] may, SUBJECT TO THE  PROVISIONS  OF
SUBDIVISION FOUR OF THIS SECTION, enter into an agreement with any coun-
ty  or  with  the city of New York to provide for custody by the [state]
department [of correction] of persons who receive definite sentences  of
imprisonment  with  terms  in  excess of ninety days who otherwise would
serve such sentences in the jail, workhouse, penitentiary or other local
correctional [institution] FACILITY maintained by such locality.
  2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person in  charge  of  such  [county
institution]  LOCAL  CORRECTIONAL  FACILITY  and shall be subject to the
approval of the chief executive officer of the county. An agreement made
with the city  of  New  York  may  be  made  with  the  commissioner  of
correction  of  that  city  and  shall be subject to the approval of the
mayor.
  3. An agreement made under this section [shall not require the locali-
ty to pay the cost of treatment, maintenance and  custody  furnished  by
the  state  department  of  correction  and]  shall contain at least the
following provisions:
  (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT-
MENT, MAINTENANCE AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07293-01-9

S. 1250                             2

  (B) A provision specifying the minimum length of the term of imprison-
ment  of  persons  who  may  be  received  by the [state] department [of
correction] under the agreement, which may be  any  term  in  excess  of
ninety  days  agreed to by the parties and which need not be the same in
each agreement;
  [(b)]  (C)  A provision that no charge will be made to the state or to
the [state] department [of correction] or to  any  of  its  institutions
during  the  pendency  of  such agreement for delivery of inmates to the
[state] department [of correction] by officers of the locality, and that
the provisions of section six hundred two of  this  chapter  or  of  any
similar law shall not apply for delivery of inmates during such time;
  [(c)]  (D)  A  provision  that  no charge shall be made to or shall be
payable by the state during the  pendency  of  such  agreement  for  the
expense  of maintaining parole violators pursuant to section two hundred
sixteen of this chapter, for the  expense  of  maintaining  coram  nobis
prisoners  pursuant to section six hundred one-b of this chapter, OR for
the expense of maintaining felony  prisoners  pursuant  to  section  six
hundred one-c of this chapter[, or for the expense of maintaining alter-
native local reformatory inmates pursuant to section eight hundred thir-
ty-five in institutions maintained by the locality];
  [(d)]  (E)  A  provision,  approved  by  the  state  comptroller,  for
reimbursement of the [state] department [of correction] by the  locality
for  expenses  incurred  under  subdivision  two or three of section one
hundred twenty-five of this chapter  relating  to  clothing,  money  and
transportation  furnished upon release or discharge of inmates delivered
to the [state] department [of correction] pursuant to the agreement;
  [(e)] (F) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART-
MENT TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN  INMATE
FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE-
TY-FIVE OF THIS ARTICLE;
  (G)  Designation  of  the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;
  [(f)] (H) Any other provision the [state] commissioner [of correction]
may deem necessary or appropriate; and
  [(g)] (I) A provision giving either party  the  right  to  cancel  the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
  4.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (I) OF SUBDIVISION
THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER  INTO  AN  AGREEMENT
WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
SECTION  WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO
BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI-
TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY  OF  NEW
YORK  SHALL  NOT  BE  REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO
CONSTRUCT NEW CORRECTIONAL FACILITIES.
  (B) NOTHING IN THIS SECTION SHALL PRECLUDE  THE  STATE  COMMISSION  ON
CORRECTIONS  FROM  ISSUING  WAIVERS  PURSUANT TO THIS ARTICLE, IF IN THE
DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE  ISSUANCE  OF  THE
WAIVER  IS  MORE  APPROPRIATE  THAN  THE  AGREEMENT PROVIDED FOR IN THIS
SECTION.
  (C) NOTHING IN THIS SECTION SHALL PRECLUDE A COUNTY FROM  ENTERING  AN
AGREEMENT  WITH  A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION OF ANY
EXISTING AGREEMENT BETWEEN COUNTIES FOR THE ALLEVIATION OF  OVERCROWDING
AT A LOCAL CORRECTIONAL FACILITY OR FACILITIES.

S. 1250                             3

  (D)  NOTHING  IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW YORK FROM
ENTERING INTO AGREEMENTS WITH ANY COUNTY WITHIN THE STATE  TO  ALLEVIATE
OVERCROWDING AT ITS LOCAL FACILITIES.
  5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S  2.  Subdivision  4 of section 92 of the correction law, as added by
chapter 478 of the laws of 1970, is amended to read as follows:
  4. In the event any such agreement is cancelled, inmates delivered  to
the [state] department [of correction] prior to the date of cancellation
shall  continue  to  serve  their sentences in the custody of [such] THE
department and the provisions of such agreement shall continue to  apply
with respect to such inmates. A copy of the notice of cancellation shall
be  filed  with  the secretary of state and with the clerks of courts in
the manner provided in subdivision [four] FIVE of section ninety-one  of
this  article,  and  no inmates shall be delivered to the custody of the
[state] department [of correction] under such agreement after  the  date
on which such cancellation becomes effective.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to  agreements  entered  into  on  or
before such effective date.

co-Sponsors

2009-S1250A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§91 & 92, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1429
2013-2014: S5933
2015-2016: S2394
2017-2018: S3833

2009-S1250A (ACTIVE) - Summary

2009-S1250A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1250A

 TITLE OF BILL :
An act to amend the correction law, in relation to agreements for
custody of definite sentence inmates


 PURPOSE :
Requires the Commissioner of the Department of Corrections to enter
into agreements to house local inmates when the State Commission on
Corrections determines it necessary to alleviate overcrowding at local
correctional facilities.

 SUMMARY OF PROVISIONS :
Section 1 amends Section 91 of the Correction Law requiring counties
to pay the cost of treatment, maintenance and custody of an inmate
housed in a state facility when the State Commission on Corrections
deems it necessary to alleviate overcrowding in a local facility.
Allows for the issuance of waivers, the continuation of agreements
between counties and for the city of New York to enter into agreements
with any counties to alleviate overcrowding. Once the State Commission
on Corrections make a determination that local inmates should be
housed in a State facility pursuant to an agreement, the State
Commission on Corrections can no longer mandate that a locality
construct new facilities.

Section 2 amends subdivision 4 of the Correction Law.

Section 3 sets the effective date.

 JUSTIFICATION :
Recently, the State Department of Corrections made a recommendation to
close four state correctional facilities citing the need for down
sizing. At the same time, a number of county correctional facilities
across the State are experiencing overcrowding issues. Several
counties have been issued temporary waivers from the State Commission
on Corrections allowing them to exceed their current inmate bed
capacity while some county facilities have entered into agreements
with other county facilities to temporarily ease overcrowding issues.

At a time when the State is experiencing an economic downturn and
building costs have escalated, we should be utilizing existing space
before asking taxpayers to fund capital costs that can be avoided if a
shared services approach is fiscally prudent. This measure requires
the Department of Corrections to enter into an agreement with counties
experiencing overcrowding if the State Commission on Corrections
determines this is the best course of action to alleviate
overcrowding.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Should provide significant savings to counties who would otherwise
have to invest in expansion or new buildings.

 EFFECTIVE DATE :
Thirty days after it becomes law.

2009-S1250A (ACTIVE) - Bill Text download pdf

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

                                 1250--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. SALAND, AUBERTINE -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Crime Victims,
  Crime and Correction -- recommitted to the Committee on Crime Victims,
  Crime and Correction in accordance with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the correction law, in relation to agreements for custo-
  dy of definite sentence inmates

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

  Section  1.  Section 91 of the correction law, as amended by section 5
of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
follows:
  S  91.  Agreements  for  custody  of definite sentence inmates. 1. The
commissioner may, SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF  THIS
SECTION, enter into an agreement with any county or with the city of New
York  to  provide  for  custody by the department of persons who receive
definite sentences of imprisonment with terms in excess of  ninety  days
who  otherwise  would serve such sentences in the jail, workhouse, peni-
tentiary or other local correctional [institution]  FACILITY  maintained
by  such  locality;  provided,  however,  that a person committed to the
custody of the department pursuant to an agreement established  by  this
section,  except  a  person  committed pursuant to an agreement with the
city of New York, shall be delivered to a reception center designated by
the commissioner for an initial processing  period  which  shall  be  no
longer than seven days, and thereafter, shall be transferred to a gener-
al  confinement correctional facility located in the same county or in a
county adjacent to the county  where  such  person  would  otherwise  be
committed  to a local correctional facility. In the event, however, that
exigent circumstances related to health, safety or security arise  which
require  the immediate transfer of an inmate to a different facility not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07293-03-0

S. 1250--A                          2

within the county or adjacent county, then the department shall, as soon
thereafter as practicable, arrange for such inmate to be returned to the
jurisdiction of the county from which he or she was committed.
  2.  Any  such  agreement, except one that is made with the city of New
York, may be  made  with  the  sheriff,  warden,  superintendent,  local
commissioner  of  correction  or  other person in charge of such [county
institution] LOCAL CORRECTIONAL FACILITY and shall  be  subject  to  the
approval of the chief executive officer of the county. An agreement made
with  the  city  of  New  York  may  be  made  with  the commissioner of
correction of that city and shall be subject  to  the  approval  of  the
mayor.
  3. An agreement made under this section [shall require the locality to
pay  the  cost  of  treatment,  maintenance and custody furnished by the
department, and the costs incurred under subdivision  two  or  three  of
section  one  hundred  twenty-five  of  this  chapter  relating  to  the
provision  of  clothing,  money  and  transportation  upon  release   or
discharge  of inmates delivered to the department pursuant to the agree-
ment, and] shall contain at least the following provisions:
  (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT-
MENT, MAINTENANCE, AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;
  (B) A provision specifying the minimum length of the term of imprison-
ment  of  persons who may be received by the department under the agree-
ment, which may be any term in excess of ninety days agreed  to  by  the
parties and which need not be the same in each agreement;
  [(b)]  (C)  A provision that no charge will be made to the state or to
the department or to any of its institutions during the pendency of such
agreement for delivery of inmates to the department by officers  of  the
locality,  and  that  the  provisions of section six hundred two of this
chapter or of any similar law shall not apply for  delivery  of  inmates
during such time;
  [(c)] (D) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART-
MENT  TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN INMATE
FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE-
TY-FIVE OF THIS ARTICLE;
  (E) Designation of the correctional facility or  facilities  to  which
persons under sentences covered by the agreement are to be delivered;
  [(d)] (F) A provision requiring the department to provide transitional
services  upon  the  release  of persons committed to the custody of the
department pursuant to an agreement established by this section;
  [(e)] (G) Any other provision the commissioner may deem  necessary  or
appropriate; and
  [(f)]  (H)  A  provision  giving  either party the right to cancel the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
  4. Notwithstanding any other provision of law, the commissioner  shall
be  authorized to grant, withhold, cause to be forfeited, or cancel time
allowances as provided in and in compliance with section  eight  hundred
four of this chapter.
  5.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (H) OF SUBDIVISION
THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER  INTO  AN  AGREEMENT
WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
SECTION  WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO
BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI-
TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY  OF  NEW
YORK  SHALL  NOT  BE  REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO
CONSTRUCT NEW CORRECTIONAL FACILITIES.

S. 1250--A                          3

  (B) NOTHING IN THIS SECTION SHALL PRECLUDE  THE  STATE  COMMISSION  ON
CORRECTIONS  FROM  ISSUING  WAIVERS  PURSUANT TO THIS ARTICLE, IF IN THE
DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE  ISSUANCE  OF  THE
WAIVER  IS  MORE  APPROPRIATE  THAN  THE  AGREEMENT PROVIDED FOR IN THIS
SECTION.
  (C)  NOTHING  IN THIS SECTION SHALL PRECLUDE A COUNTY FROM ENTERING AN
AGREEMENT WITH A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION  OF  ANY
EXISTING  AGREEMENT  BETWEEN  THE  COUNTIES FOR THE ALLEVIATION OF OVER-
CROWDING AT A LOCAL CORRECTIONAL FACILITY.
  (D) NOTHING IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW  YORK  FROM
ENTERING  INTO  AGREEMENTS WITH ANY COUNTY WITHIN THE STATE TO ALLEVIATE
OVERCROWDING AT ITS LOCAL FACILITIES.
  6. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S 2. Section 91 of the correction law, as added by chapter 478 of  the
laws of 1970, is amended to read as follows:
  S  91.  Agreements  for  custody of definite sentence inmates.  1. The
[state] commissioner [of correction] may, SUBJECT TO THE  PROVISIONS  OF
SUBDIVISION FOUR OF THIS SECTION, enter into an agreement with any coun-
ty  or  with  the city of New York to provide for custody by the [state]
department [of correction] of persons who receive definite sentences  of
imprisonment  with  terms  in  excess of ninety days who otherwise would
serve such sentences in the jail, workhouse, penitentiary or other local
correctional [institution] FACILITY maintained by such locality.
  2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person in  charge  of  such  [county
institution]  LOCAL  CORRECTIONAL  FACILITY  and shall be subject to the
approval of the chief executive officer of the county. An agreement made
with the city  of  New  York  may  be  made  with  the  commissioner  of
correction  of  that  city  and  shall be subject to the approval of the
mayor.
  3. An agreement made under this section [shall not require the locali-
ty to pay the cost of treatment, maintenance and  custody  furnished  by
the  state  department  of  correction  and]  shall contain at least the
following provisions:
  (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT-
MENT, MAINTENANCE AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;
  (B) A provision specifying the minimum length of the term of imprison-
ment  of  persons  who  may  be  received  by the [state] department [of
correction] under the agreement, which may be  any  term  in  excess  of
ninety  days  agreed to by the parties and which need not be the same in
each agreement;
  [(b)] (C) A provision that no charge will be made to the state  or  to
the  [state]  department  [of  correction] or to any of its institutions
during the pendency of such agreement for delivery  of  inmates  to  the
[state] department [of correction] by officers of the locality, and that
the  provisions  of  section  six  hundred two of this chapter or of any
similar law shall not apply for delivery of inmates during such time;
  [(c)] (D) A provision that no charge shall be  made  to  or  shall  be
payable  by  the  state  during  the  pendency of such agreement for the
expense of maintaining parole violators pursuant to section two  hundred
sixteen  of  this  chapter,  for  the expense of maintaining coram nobis
prisoners pursuant to section six hundred one-b of this chapter, OR  for
the  expense  of  maintaining  felony  prisoners pursuant to section six

S. 1250--A                          4

hundred one-c of this chapter[, or for the expense of maintaining alter-
native local reformatory inmates pursuant to section eight hundred thir-
ty-five in institutions maintained by the locality];
  [(d)]  (E)  A  provision,  approved  by  the  state  comptroller,  for
reimbursement of the [state] department [of correction] by the  locality
for  expenses  incurred  under  subdivision  two or three of section one
hundred twenty-five of this chapter  relating  to  clothing,  money  and
transportation  furnished upon release or discharge of inmates delivered
to the [state] department [of correction] pursuant to the agreement;
  [(e)] (F) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART-
MENT TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN  INMATE
FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE-
TY-FIVE OF THIS ARTICLE;
  (G)  Designation  of  the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;
  [(f)] (H) Any other provision the [state] commissioner [of correction]
may deem necessary or appropriate; and
  [(g)] (I) A provision giving either party  the  right  to  cancel  the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
  4.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (I) OF SUBDIVISION
THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER  INTO  AN  AGREEMENT
WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
SECTION  WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO
BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI-
TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY  OF  NEW
YORK  SHALL  NOT  BE  REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO
CONSTRUCT NEW CORRECTIONAL FACILITIES.
  (B) NOTHING IN THIS SECTION SHALL PRECLUDE  THE  STATE  COMMISSION  ON
CORRECTIONS  FROM  ISSUING  WAIVERS  PURSUANT TO THIS ARTICLE, IF IN THE
DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE  ISSUANCE  OF  THE
WAIVER  IS  MORE  APPROPRIATE  THAN  THE  AGREEMENT PROVIDED FOR IN THIS
SECTION.
  (C) NOTHING IN THIS SECTION SHALL PRECLUDE A COUNTY FROM  ENTERING  AN
AGREEMENT  WITH  A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION OF ANY
EXISTING AGREEMENT BETWEEN COUNTIES FOR THE ALLEVIATION OF  OVERCROWDING
AT A LOCAL CORRECTIONAL FACILITY OR FACILITIES.
  (D)  NOTHING  IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW YORK FROM
ENTERING INTO AGREEMENTS WITH ANY COUNTY WITHIN THE STATE  TO  ALLEVIATE
OVERCROWDING AT ITS LOCAL FACILITIES.
  5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S  3. Subdivision 4 of section 92 of the correction law, as amended by
section 6 of part H of chapter 56 of the laws of  2009,  is  amended  to
read as follows:
  4.  In the event any such agreement is cancelled, inmates delivered to
the department prior to the date of cancellation shall continue to serve
their sentences in the custody of such department and the provisions  of
such  agreement  shall continue to apply with respect to such inmates. A
copy of the notice of cancellation shall be filed with the secretary  of
state  and  with the clerks of courts in the manner provided in subdivi-
sion [four] SIX of section ninety-one of this article,  and  no  inmates
shall be delivered to the custody of the department under such agreement
after the date on which such cancellation becomes effective.

S. 1250--A                          5

  S  4.  Subdivision  4 of section 92 of the correction law, as added by
chapter 478 of the laws of 1970, is amended to read as follows:
  4.  In the event any such agreement is cancelled, inmates delivered to
the [state] department [of correction] prior to the date of cancellation
shall continue to serve their sentences in the  custody  of  [such]  THE
department  and the provisions of such agreement shall continue to apply
with respect to such inmates. A copy of the notice of cancellation shall
be filed with the secretary of state and with the clerks  of  courts  in
the  manner provided in subdivision [four] FIVE of section ninety-one of
this article, and no inmates shall be delivered to the  custody  of  the
[state]  department  [of correction] under such agreement after the date
on which such cancellation becomes effective.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law,  and  shall apply to agreements entered into on or
before such effective date; provided that the amendments to sections  91
and  92 of the correction law made by sections one and three of this act
shall be subject to the expiration and reversion of such sections pursu-
ant to section 8 of part H of  chapter  56  of  the  laws  of  2009,  as
amended,  when  upon  such  date sections two and four of this act shall
take effect.

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Senate Bill S1250

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Sponsored By

Stephen M. Saland

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Darrel J. Aubertine

2009-S1250 - Details

2009-S1250 - Summary

2009-S1250 - Sponsor Memo

2009-S1250 - Bill Text download pdf

co-Sponsors

Darrel J. Aubertine

2009-S1250A (ACTIVE) - Details

2009-S1250A (ACTIVE) - Summary

2009-S1250A (ACTIVE) - Sponsor Memo

2009-S1250A (ACTIVE) - Bill Text download pdf

Comments