S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1424 A. 4086
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
January 30, 2009
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IN SENATE -- Introduced by Sen. VOLKER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M.
of A. GALEF, PAULIN -- read once and referred to the Committee on
Correction
AN ACT to amend the executive law, in relation to reimbursing localities
for the cost of maintaining custody of parole violators and certain
other persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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]
commissioner of correctional services by the appropriate local official
for the care of such person and as approved by the director of the budg-
et. [The reimbursement rate shall not, however, exceed thirty dollars
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04421-01-9
S. 1424 2 A. 4086
per day per capita and forty dollars per day per capita on and after the
first day of April, nineteen hundred eighty-eight.]
S 2. 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.