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Assembly Bill A5393

2009-2010 Legislative Session

Relates to the time within which prisoners shall be committed to the custody of the state department of correctional services

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Archive: Last Bill Status - In Assembly Committee

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2009-A5393 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง430.20, CP L

2009-A5393 (ACTIVE) - Summary

Requires that a prisoner be immediately committed to the custody of the state department of correctional services upon the pronouncement of a sentence of imprisonment requiring commitment to a state rather than a local correctional facility; allows local correctional facilities to "double-bunk" prisoners not immediately committed into the custody of the department of correctional services; provides for state reimbursement of localities for custody of state-ready prisoners after five days.

2009-A5393 (ACTIVE) - Bill Text download pdf 

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

                                  5393

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. McKEVITT, BALL, WALKER, KOLB, ALFANO, BARRA --
  Multi-Sponsored by -- M. of A. BACALLES,  CROUCH,  McDONOUGH  --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to the time
  within which a prisoner shall be committed to the custody of the state
  department of correctional services

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

  Section  1.  Subdivision 1 of section 430.20 of the criminal procedure
law, as amended by chapter 788 of the laws of 1971, is amended  to  read
as follows:
  1.    In  general.   When a sentence of imprisonment is pronounced, or
when [th] THE sentence consists of a fine and  the  court  has  directed
that  the  defendant  be imprisoned until it is satisfied, the defendant
must forthwith be committed to the custody  of  the  appropriate  public
servant  and  detained  until  the  sentence  is  complied  with. WHEN A
SENTENCE OF IMPRISONMENT IS PRONOUNCED AND THE DEFENDANT IS COMMITTED TO
THE CUSTODY OF  THE  STATE  DEPARTMENT  OF  CORRECTIONAL  SERVICES  SUCH
DEFENDANT  SHALL  BE COMMITTED TO THE CUSTODY OF THE STATE DEPARTMENT OF
CORRECTIONAL SERVICES IMMEDIATELY. IN THE EVENT  SUCH  PRISONER  IS  NOT
COMMITTED  IMMEDIATELY TO THE CUSTODY OF THE STATE DEPARTMENT OF CORREC-
TIONAL SERVICES, THE LOCAL CORRECTIONAL FACILITY CHARGED WITH  THE  CARE
AND CUSTODY OF SUCH PRISONER SHALL NOT BE REQUIRED TO PLACE ONE PRISONER
IN  EACH  CELL  OR ROOM LOCATED WITHIN SUCH FACILITY AND THE STATE SHALL
REIMBURSE THE LOCAL CORRECTIONAL FACILITY FOR THE ACTUAL COST OF HOUSING
SUCH PRISONER FOR ANY LENGTH OF TIME BEYOND FIVE DAYS AFTER SUCH COMMIT-
MENT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09010-01-9

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