S T A T E   O F   N E W   Y O R K
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                                  3500

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. BRENNAN,
  GREENE, PRETLOW  --  read  once  and  referred  to  the  Committee  on
  Correction

AN ACT to amend the correction law and the executive law, in relation to
  reimbursement  to  localities  for the costs of providing medical care
  for certain prison inmates and parole violators

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

  Section  1.  Subdivision  2 of section 601-c of the correction law, as
amended by chapter 262 of the laws  of  1987,  is  amended  to  read  as
follows:
  2.  Notwithstanding the provisions of subdivision one of this section,
the expense of maintaining a person convicted of a felony whose sentence
has been pronounced and which requires  that  he  be  committed  to  the
custody  of  the commissioner, and who has not been accepted for custody
by the commissioner within five days of receipt of written  notification
by  the  department  from  the  appropriate  local  official  that he is
prepared to transport such person to  the  facility  designated  by  the
department, provided that there has been compliance with subdivision (a)
of  section  six hundred one of this article, shall be paid by the state
at the actual per day per capita cost, as certified by  the  appropriate
local  official,  or thirty dollars per day per capita and, effective on
and after the first day of April, nineteen hundred  eighty-eight,  forty
dollars  per day per capita, whichever is less, beginning with the first
day of receipt of written notification by the department.  IN  ADDITION,
ANY  MEDICAL  COSTS  INCURRED  IN  CARING FOR SUCH PERSON, PROVIDED THAT
THERE HAS BEEN COMPLIANCE WITH SUBDIVISION (A) OF  SECTION  SIX  HUNDRED
ONE OF THIS ARTICLE, SHALL BE PAID BY THE STATE AT THE ACTUAL DOCUMENTED
MEDICAL  COST,  AS  CERTIFIED  BY  THE  APPROPRIATE  LOCAL  OFFICIAL AND
APPROVED BY THE STATE DIRECTOR OF THE BUDGET, BEGINNING WITH  THE  FIRST
DAY  OF  RECEIPT  OF  WRITTEN  NOTIFICATION  BY  THE DEPARTMENT. Nothing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04175-01-9
              

A. 3500                             2

contained herein shall be construed to affect, impair, modify, restrict,
define or expand any other provision of law with  regard  to  any  obli-
gation  to  deliver  or  receive  any such inmates by any state or local
official or any requirement of timely compliance therewith.
  S  2.  Subparagraph  (ii) of paragraph (a) of subdivision 3 of section
259-i of the executive law, as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
  (ii) Whenever  a  presumptively  released,  paroled  or  conditionally
released person or a person under post-release supervision or a prisoner
received under the uniform act for out-of-state parolee supervision has,
pursuant  to  this  paragraph,  or  whenever  a  person  confined during
proceedings pursuant to article ten of the mental hygiene law  has  been
placed  in any county jail or penitentiary, or a city prison operated by
a city having a population of one million or more inhabitants,  for  any
period  that such person is not detained pursuant to commitment based on
an indictment, an information, a simplified information, a  prosecutor's
information,  a  misdemeanor  complaint or a felony complaint, an arrest
warrant or a bench warrant, or any order by a court of competent  juris-
diction, the state shall pay to the city or county operating such facil-
ity the actual per day per capita cost as certified to the state commis-
sioner  of  correctional  services by the appropriate local official for
the care of such person and as approved by the director of  the  budget.
The reimbursement rate shall not, however, exceed thirty dollars per day
per  capita  and forty dollars per day per capita on and after the first
day of April, nineteen hundred eighty-eight.  IN ADDITION,  ANY  MEDICAL
COSTS  INCURRED  IN CARING FOR SUCH PERSON SHALL BE PAID BY THE STATE AT
THE ACTUAL DOCUMENTED MEDICAL COST,  AS  CERTIFIED  BY  THE  APPROPRIATE
LOCAL OFFICIAL AND APPROVED BY THE STATE DIRECTOR OF THE BUDGET.
  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 cities and counties on and after such date.