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

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.