S T A T E O F N E W Y O R K
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1619
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to the implementation of
the warrant return assistance program to provide for the transporta-
tion of persons subject to a warrant of arrest
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 221-e
to read as follows:
S 221-E. WARRANT RETURN ASSISTANCE PROGRAM. 1. THE VIOLENT FELON
WARRANT PROGRAM AS PRESENTLY CONSTITUTED WITHIN THE DIVISION OF STATE
POLICE WHEREBY THE DIVISION PROVIDES FOR THE TRANSPORTATION OF CERTAIN
DEFENDANTS CHARGED WITH THE COMMISSION OF A VIOLENT FELONY AND SUBJECT
TO AN OUTSTANDING WARRANT OF ARREST, BENCH WARRANT OR SUPERIOR COURT
WARRANT OF ARREST, AS SUCH TERMS ARE DEFINED IN SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW, FROM ONE JURISDICTION TO THE JURISDICTION WHERE
THE WARRANT IS OUTSTANDING IS HEREBY CONTINUED IN ITS CURRENT FORM.
2. SUCH PROGRAM SHALL HOWEVER BE FURTHER EXPANDED ON AND AFTER APRIL
FIRST, TWO THOUSAND TWELVE TO THE EXTENT THAT THE STATE, UPON THE
REQUEST OF THE JURISDICTION WHEREIN A PERSON CHARGED PURSUANT TO A
WARRANT OF ARREST, WARRANT, BENCH WARRANT OR SUPERIOR COURT WARRANT OF
ARREST FOR ANY OTHER FELONY, OR ANY CLASS A MISDEMEANOR IS FOUND, SHALL
REIMBURSE SUCH JURISDICTION FOR ONE-HALF OF THE NECESSARY COSTS OF
PROVIDING FOR THE TRANSPORTATION OF PERSONS SUBJECT TO ANY SUCH WARRANT
OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT FROM THE JURISDICTION
WHEREIN SUCH PERSON IS APPREHENDED TO THE JURISDICTION WHERE THE WARRANT
IS OUTSTANDING, PROVIDED HOWEVER THAT SUCH SHARED RESPONSIBILITY SHALL
ONLY APPLY WHERE THE DISTANCE FOR TRAVEL IS MORE THAN FIFTY MILES. THE
REMAINING ONE-HALF OF SUCH EXPENSE SHALL BE DEEMED A LOCAL CHARGE.
DURING THE PERIOD OF TIME COMMENCING WITH THE EFFECTIVE DATE OF THIS
SECTION AND TERMINATING MARCH FIRST, TWO THOUSAND TWELVE, THE DIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01478-01-1
A. 1619 2
OF CRIMINAL JUSTICE SERVICES AND THE OFFICE OF COURT ADMINISTRATION
SHALL DEVELOP A PLAN AND PROCEDURES TO INSURE THE TIMELY IMPLEMENTATION
OF THIS SUBDIVISION AND SHALL INCLUDE GUIDELINES TO DETERMINE WHAT THE
FAIR AND REASONABLE COST IN TRANSPORTING PERSONS PURSUANT TO THIS
SECTION SHOULD BE. SUCH PLAN SHALL INCLUDE A REQUEST FOR AN APPROPRI-
ATION FOR THE TWO THOUSAND TWELVE -- TWO THOUSAND THIRTEEN STATE FISCAL
YEAR TO FULLY FUND THE STATE'S SHARE OF THE PROGRAM AS EXPANDED IN THIS
SECTION.
3. SUCH PLAN SHALL INCLUDE A STUDY IDENTIFYING AS AN ALTERNATIVE, A
MORE COST EFFICIENT METHOD OF PROVIDING FOR THE TRANSPORTATION OF SUCH
PERSONS INCLUDING BUT NOT LIMITED TO THE USE OF THE DIVISION ALONE,
SUBJECT TO FULL REIMBURSEMENT BY THE STATE, AND THE TERMS OF ANY MODEL
AGREEMENT TO BE ACTED UPON BY THE LOCAL LEGISLATIVE BODY OF THE FINAN-
CIALLY AFFECTED LOCALITY. SUCH PLAN AS FURTHER EXPANDED BY THIS SUBDIVI-
SION SHALL INCLUDE A REQUEST FOR FUNDING IN THE STATE FISCAL YEAR TWO
THOUSAND TWELVE -- TWO THOUSAND THIRTEEN TO INITIALLY CARRY OUT THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.