S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1423 A. 4087
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, BROOK-KRASNY -- Multi-Spon-
sored by -- M. of A. BRENNAN, COOK, MAGEE, PAULIN, PHEFFER, TOWNS --
read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to reimbursing locali-
ties for the cost of maintaining custody of state-ready prisoners
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] AND APPROVED BY THE STATE
DIRECTOR OF THE BUDGET, beginning with the first day of receipt of writ-
ten notification by the department. Nothing contained herein shall be
construed to affect, impair, modify, restrict, define or expand any
other provision of law with regard to any obligation to deliver or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04422-01-9
S. 1423 2 A. 4087
receive any such inmates by any state or local official or any require-
ment of timely compliance therewith.
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.