S T A T E   O F   N E W   Y O R K
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                                  5440

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. LIFTON, HOYT -- Multi-Sponsored by -- M. of A.
  HOOPER, JOHN -- read once and referred to the Committee on Correction

AN ACT to amend the executive law, in relation to the expenses of taking
  persons into custody  after  their  violation  of  the  conditions  of
  presumptive  release,  parole,  conditional  release  or  post-release
  supervision

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

  Section  1.  Paragraph  (b)  of  subdivision 3 of section 259-i of the
executive law, as amended by section 11 of part E of chapter 62  of  the
laws of 2003, is amended to read as follows:
  (b)  A  person who shall have been taken into custody pursuant to this
subdivision for violation of  one  or  more  conditions  of  presumptive
release, parole, conditional release or post-release supervision [shall]
MAY,  insofar  as  practicable, be incarcerated in the county or city in
which the arrest occurred. NOTWITHSTANDING  THE  PROVISIONS  OF  CHAPTER
FIFTY  OF  THE LAWS OF TWO THOUSAND FIVE AND ANY OTHER PROVISION OF LAW,
THE EXPENSE OF MAINTAINING A PERSON WHO  HAS  BEEN  TAKEN  INTO  CUSTODY
PURSUANT  TO THIS SUBDIVISION AND WHO HAS NOT BEEN ACCEPTED INTO CUSTODY
BY THE COMMISSIONER OF CORRECTIONAL SERVICES WITHIN FIVE DAYS OF RECEIPT
OF WRITTEN NOTIFICATION BY THE DEPARTMENT OF CORRECTIONAL SERVICES  FROM
THE  APPROPRIATE LOCAL OFFICIAL THAT SUCH OFFICIAL IS PREPARED TO TRANS-
PORT SUCH PERSON TO THE FACILITY DESIGNATED BY SUCH DEPARTMENT, SHALL BE
PAID BY THE STATE AT THE ACTUAL PER DAY PER CAPITA COST, AS CERTIFIED BY
THE APPROPRIATE LOCAL OFFICIAL, BEGINNING WITH THE FIRST DAY OF  WRITTEN
NOTIFICATION TO THE DEPARTMENT OF CORRECTIONAL SERVICES. NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO AFFECT, IMPAIR, MODIFY, RESTRICT, DEFINE
OR  EXPAND  ANY  OTHER PROVISION OF LAW WITH REGARD TO ANY OBLIGATION TO
DELIVER OR RECEIVE ANY SUCH PERSONS BY ANY STATE OR LOCAL  OFFICIAL,  OR
ANY REQUIREMENT OF TIMELY COMPLIANCE THEREWITH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00719-02-9

              

A. 5440                             2

  S  2.  Subparagraph  (i)  of paragraph (e) of subdivision 3 of section
259-i of the executive law, as amended by section 2 of part E of chapter
56 of the laws of 2007, is amended to read as follows:
  (i) If the alleged violator requests a local revocation hearing, he or
she shall be given a revocation hearing reasonably near the place of the
alleged  violation  or  arrest  if he or she has not been convicted of a
crime committed while under supervision, OR AT THE FACILITY WHERE HE  OR
SHE  IS  CURRENTLY  INCARCERATED.    However,  the board may, on its own
motion, designate a case for a local revocation hearing.
  S 3. This act shall take effect May 31, 2010.