BILL NUMBER:  S3401

 TITLE OF BILL :

An act to amend the correction law, in relation to enabling county
jails to utilize space within the jail for electronic identification
processing


 PURPOSE :

This bill would clarify that county jails may use space within the
jail for the electronic processing of fingerprints.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Correction Law § 500-a to add
electronic identification processing (fingerprinting) of persons who
are not committed to the custody of the sheriff to the permissible
uses of a county jail.

Section 2 of the bill would make the bill effective immediately.

 EXISTING LAW :

Correction Law § 500-a sets forth the permissible uses of a county
              

jail. These permissible uses generally include detention or
confinement of persons committed to the custody of the sheriff or
awaiting a trial or some other court appearance. There is nothing in
the statute that would specifically permit a local jail to be used for
fingerprinting of persons who are not committed to the custody of the
sheriff, and it is unclear whether the statute would be interpreted to
allow that use.

 LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :

Beginning in 2010, the Division of Criminal Justice Services (DCJS),
as part of the expansion of the "E-Justice" program, will no longer
accept traditional inked fingerprint cards for processing. Instead,
all fingerprints will have to be submitted electronically through a
system known as "Live Scan."

As a result of this change, sheriffs and commissioners of correction
who administer the local jails will be required to participate in the
Live Scan of inmates committed to their custody. To do so, a local
jail must be equipped with a Live Scan unit, at a cost in excess of
$14,000.

At the same time, many upstate sheriffs perform other law enforcement
functions that would include the need for fingerprinting, such as
making arrests and processing arrestees prior to their arraignments.
Many sheriffs also are required to fingerprint civilians for such
things as pistol permits or job applications.

Under the existing language of Correction Law § 500-a, there is a
question whether it would be a permissible use for a sheriff to bring
a person who has not been arraigned on criminal charges into a local
jail for use of the jail's Live Scan unit. If the statute were
interpreted to prohibit this use, counties would likely be required to
purchase a second Live Scan unit for fingerprinting persons for these
other purposes. This bill would clarify that sheriffs are permitted to
use the jail's Live Scan unit for these other purposes, thereby
alleviating the concern that counties could be required to bear the
expense of purchasing a second unit.

 BUDGET IMPLICATIONS :

None to the State. The bill could save counties the expense of
purchasing additional Live Scan units.

 EFFECTIVE DATE :
This bill would take effect immediately.