Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to crime victims, crime and correction |
Apr 27, 2009 |
referred to crime victims, crime and correction |
Senate Bill S4885
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4885 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5440
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Executive Law
- Laws Affected:
- Amd §259-i, Exec L
2009-S4885 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4885 TITLE OF BILL : 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 PURPOSE : To provide officials with the appropriate expenses in relation to maintaining persons who have been taken into custody but not accepted into custody by the commissioner of correctional services. SUMMARY OF PROVISIONS : Provides local governments maintaining persons who have been taken into custody and who have 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 transport such person to the facility designated by such department, and shall be paid actual per day per capita cost of maintaining custody of such persons. JUSTIFICATION : The cost of maintaining persons taken into custody, but not yet accepted into custody by the commissioner of correctional services by the State of New York, is the responsibility of the State and such cost shall not be placed upon the local officials holding or transporting such persons. Without proper funding, an unfunded mandate
2009-S4885 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4885 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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
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