NY State Senate Bill 2011-S4946

Archive: Last Bill Status - Signed by Governor

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.573
Sep 12, 2011	delivered to governor
Jun 16, 2011	returned to senate passed assembly ordered to third reading rules cal.348 substituted for a8238 referred to correction delivered to assembly passed senate ordered to third reading cal.1319 committee discharged and committed to rules
Jun 09, 2011	print number 4946a
Jun 09, 2011	amend (t) and recommit to crime victims, crime and correction
May 02, 2011	referred to crime victims, crime and correction

Votes

- Jun 16, 2011 - Floor Vote
  S4946
  
  Aye
  
  61
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 16, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Duane
  Jun 16, 2011 - Rules Committee Vote
  S4946
  
  Aye
  
  21
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 16, 2011
      
      aye (21)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      nay (1)
      
      Duane
      
      aye wr (2)
      
      Montgomery
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S4946 - Details

Law Section:: Correction Law
Laws Affected:: Amd §102, Cor L

2011-S4946 - Summary

Permits localities to enter into agreements with other states to house inmates.

2011-S4946 - Sponsor Memo

                                BILL NUMBER:S4946

TITLE OF BILL:
An act
to amend the correction law, in relation to permitting localities to
enter into agreements with other states to house inmates

PURPOSE:
This bill would give counties the ability to accept inmates from other
states to house in their county jails.

SUMMARY OF PROVISIONS:
Section 1. Amends paragraph E of section 102 of the correction law to
include local correctional facilities in the definition of
"Institution".

Section 2. Amends section 500 of the correction law to make the
provisions applicable to all local correctional facilities as defined
by subdivision sixteen of section two of the chapter.

Section 3. This act shall take effect immediately.

JUSTIFICATION:
Over the years, many counties have been required to expand the size
and capacity of their jail facilities to accommodate the county's
inmate population. Over time, some of those counties have experienced

decreases in inmates, leaving those larger facilities partially
vacant. To offset the cost of operating these facilities at less than
optimal capacity, many counties house inmates from other counties,
New York State or federal inmates. In keeping with this practice, it
would also help many counties to have the option to house inmates
from other states.

For example, Vermont pays Virginia to house its inmates for the
duration of their sentence.
Many New York State counties that border Vermont, however, have the
capacity, ability and will to also house these inmates. This practice
can be to the mutual benefit of both parties involved,
and would be completely voluntary. In addition to being a benefit to
the county, Vermont inmates in particular would also be closer to
their home state and to their families.

With the authority granted in this bill, Counties that choose to house
another state's inmates would have to become signatory to the
"interstate corrections compact" as described in section 101 of the
corrections law.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:
Additional revenue from housing inmates to counties.


EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4946 - Bill Text download pdf

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

                                  4946

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- 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 correction law, in relation to permitting localities
  to enter into agreements with other states to house inmates

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

  Section 1. Subdivision e of section 102  of  the  correction  law,  as
added by chapter 400 of the laws of 1984, is amended to read as follows:
  (e) "Institution" means any penal [or], correctional facility OR LOCAL
CORRECTIONAL  FACILITY  AS DEFINED BY SUBDIVISION SIXTEEN OF SECTION TWO
OF THIS CHAPTER, including but not limited to a facility for the mental-
ly ill or mentally defective, in which inmates as defined in subdivision
(d) [hereof] OF THIS SECTION may lawfully be confined.
  S 2. Section 500 of the correction law, as added by chapter 604 of the
laws of 1987, is amended to read as follows:
  S 500. Application of article. The provisions of  this  article  shall
apply  to  all  local  correctional facilities as defined by subdivision
[fifteen] SIXTEEN of section two of this chapter.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11197-01-1

co-Sponsors

2011-S4946A (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Amd §102, Cor L

2011-S4946A (ACTIVE) - Summary

Permits localities to enter into agreements with other states to house inmates.

2011-S4946A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4946A

TITLE OF BILL:
An act
to amend the correction law, in relation to the boarding of out of state
inmates at local correctional facilities; and providing for the repeal
of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill authorizes local
correctional facilities to enter into contracts for the purpose of
boarding-in certain inmates from other states' local correctional
facilities.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 45 of the correction law by adding a new
subdivision 17 to require an annual report concerning the activity of
local jails which have boarded in such inmates pursuant to such
agreement.

Section two adds a new paragraph g to
section 500-a of the correction law to include the boarding in of
out of state local inmates as an authorized use of local jails.

Section three adds a new section 500-o to the correction law authorizing
a local jail to enter into an agreement with an out of state local

Section four is the effective date.

JUSTIFICATION:
Over the years, many counties have been required to
expand the size and capacity of their jail facilities to accommodate
the county's inmate population. Over time, some of those counties
have experienced decreases in inmates, leaving those larger
facilities partially vacant. To offset the cost of operating these
facilities at less than optimal capacity, many counties house inmates
from other counties, state or federal inmates. In keeping with this
practice, it would help many counties to have the option to house
inmates from other states.

For example, according to the NYS Association of Counties, Vermont
sends inmates to other states (specifically Virginia). Vermont pays
Virginia to house these inmates for the duration of their sentence.
There are however many NYS counties that border Vermont and have the
ability and capacity to house these inmates. This practice can be to
the mutual benefit of involved parties.

This bill could benefit every county in New York with the capacity
to accept outside inmates.  This bill provides mandate relief in
that it would give counties more flexibility to have a more optimal
inmate population to suit the facility's capacity and minimize
loss from overhead costs.

PRIOR LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No cost to the state.  This bill would provide a revenue opportunity
to counties.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4946A (ACTIVE) - Bill Text download pdf

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

                                 4946--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by Sens. GALLIVAN, McDONALD -- read twice and ordered print-
  ed, and when printed  to  be  committed  to  the  Committee  on  Crime
  Victims,  Crime  and Correction -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the correction law, in relation to the boarding  of  out
  of  state  inmates at local correctional facilities; and providing for
  the repeal of such provisions upon expiration thereof

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

  Section 1. Section 45 of the correction law is amended by adding a new
subdivision 17 to read as follows:
  17.  MAKE AN ANNUAL REPORT TO THE GOVERNOR, THE CHAIRMAN OF THE ASSEM-
BLY COMMITTEE ON CORRECTION AND THE CHAIRMAN OF THE SENATE COMMITTEE  ON
CRIME VICTIMS, CRIME AND CORRECTION CONCERNING INMATES CONFINED IN LOCAL
CORRECTIONAL  FACILITIES  PURSUANT TO AN AGREEMENT AUTHORIZED BY SECTION
FIVE HUNDRED-O OF THIS CHAPTER. SUCH REPORT SHALL  INCLUDE  BUT  NOT  BE
LIMITED  TO  THE  NUMBER OF COUNTIES MAINTAINING SUCH AGREEMENTS AND THE
NUMBER OF INMATES CONFINED PURSUANT TO SUCH AGREEMENTS.
  S 2. Subdivision 1 of section 500-a of the correction law  is  amended
by adding a new paragraph (g) to read as follows:
  (G)  FOR THE CONFINEMENT OF PERSONS COMMITTED PURSUANT TO AN AGREEMENT
AUTHORIZED BY SECTION FIVE HUNDRED-O OF THIS ARTICLE.
  S 3. The correction law is amended by adding a new  section  500-o  to
read as follows:
  S  500-O. AGREEMENTS FOR CUSTODY OF INMATES FROM OTHER STATES.  1. THE
SHERIFF, WARDEN, SUPERINTENDENT, LOCAL  COMMISSIONER  OF  CORRECTION  OR
OTHER  PERSON  IN CHARGE OF A LOCAL CORRECTIONAL FACILITY MAY ENTER INTO
AN AGREEMENT WITH A CORRECTIONAL INSTITUTION LOCATED IN ANOTHER STATE TO
PROVIDE FOR THE CUSTODY IN SUCH  LOCAL  CORRECTIONAL  FACILITY  IN  THIS
STATE OF PERSONS SENTENCED TO A PERIOD OF IMPRISONMENT FOR AN OFFENSE IN
SUCH OTHER STATE TO A TERM IN EXCESS OF NINETY DAYS BUT NO MORE THAN ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11197-02-1

S. 4946--A                          2

YEAR.  ANY  SUCH  AGREEMENT,  EXCEPT ONE THAT IS MADE BY THE CITY OF NEW
YORK, SHALL BE SUBJECT TO THE APPROVAL OF THE  COUNTY  LEGISLATURE,  THE
CHIEF  EXECUTIVE  OFFICER OF THE COUNTY AND THE COMMISSION. AN AGREEMENT
MADE  BY  THE  CITY  OF NEW YORK SHALL BE SUBJECT TO THE APPROVAL OF THE
CITY COUNCIL, THE MAYOR AND THE COMMISSION.
  2. INMATES WHO ARE CONFINED IN A LOCAL CORRECTIONAL FACILITY  PURSUANT
TO  AN  AGREEMENT UNDER THIS SECTION SHALL BE DEALT WITH IN ALL RESPECTS
IN THE SAME MANNER AS INMATES  COMMITTED  TO  THE  CUSTODY  OF  A  LOCAL
CORRECTIONAL   FACILITY  PURSUANT  TO  PARAGRAPH  (E)  OF  SECTION  FIVE
HUNDRED-A OF THIS ARTICLE. ALL RULES AND REGULATIONS PROMULGATED BY  THE
COMMISSION  REGARDING  THE  TREATMENT  OF  INMATES  CONFINED  IN A LOCAL
CORRECTIONAL FACILITY SHALL BE APPLICABLE TO INMATES  CONFINED  PURSUANT
TO  THIS  SECTION.  AN  INMATE CONFINED IN A LOCAL CORRECTIONAL FACILITY
PURSUANT TO AN AGREEMENT UNDER THIS SECTION SHALL NOT BE DEPRIVED OF ANY
LEGAL RIGHTS WHICH SUCH INMATE WOULD HAVE HAD IF CONFINED IN  A  CORREC-
TIONAL INSTITUTION IN THE JURISDICTION IN WHICH HE OR SHE WAS CONVICTED.
  3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO ALLOW PERSONS DULY
COMMITTED AND CONFINED TO A LOCAL CORRECTIONAL FACILITY IN THIS STATE TO
SERVE SUCH CONFINEMENT IN ANOTHER STATE.
  S 4. This act shall take effect immediately and shall expire September
1, 2014 when upon such date the provisions of this act shall  be  deemed
repealed.

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Senate Bill S4946

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Jun 16, 2011 - Floor Vote

Floor Vote: Jun 16, 2011

Jun 16, 2011 - Rules Committee Vote

Rules Committee Vote: Jun 16, 2011

Bill Amendments

co-Sponsors

2011-S4946 - Details

2011-S4946 - Summary

2011-S4946 - Sponsor Memo

2011-S4946 - Bill Text download pdf

co-Sponsors

2011-S4946A (ACTIVE) - Details

2011-S4946A (ACTIVE) - Summary

2011-S4946A (ACTIVE) - Sponsor Memo

2011-S4946A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S4946

Senate Bill S4946

Signed By Governor

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

Roy J. McDonald

2011-S4946 - Details

2011-S4946 - Summary

2011-S4946 - Sponsor Memo

2011-S4946 - Bill Text download pdf

co-Sponsors

Roy J. McDonald

2011-S4946A (ACTIVE) - Details

2011-S4946A (ACTIVE) - Summary

2011-S4946A (ACTIVE) - Sponsor Memo

2011-S4946A (ACTIVE) - Bill Text download pdf

Comments