senate Bill S5498A

2011-2012 Legislative Session

Requires parole violators to be transferred to state correctional facilities after 10 days in a local correctional facility

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to correction
delivered to assembly
passed senate
ordered to third reading cal.1356
committee discharged and committed to rules
May 31, 2012 print number 5498a
amend and recommit to finance
Mar 20, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 21, 2011 referred to correction
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1126
May 25, 2011 referred to crime victims, crime and correction

Votes

view votes

Jun 19, 2012 - Rules committee Vote

S5498A
17
6
committee
17
Aye
6
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Mar 20, 2012 - Crime Victims, Crime and Correction committee Vote

S5498
11
2
committee
11
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 7, 2011 - Crime Victims, Crime and Correction committee Vote

S5498
9
2
committee
9
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S5498 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add §23-a, Cor L

S5498 - Bill Texts

view summary

Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period; provisions do not apply for NYC.

view sponsor memo
BILL NUMBER:S5498

TITLE OF BILL:
An act
to amend the correction law, in relation to parole violators

PURPOSE:
To require parole violators to be transferred to a state correctional
facility after 10 business days in a local correctional facility.

SUMMARY:
Section 1 amends the Correction Law by adding a new section 23-a in
order that after a period of ten business days in a local
correctional facility those individuals in violation of their parole
be heard by the court and either transferred to a state facility at a
cost of the Department of Correctional and Community Supervision,
granted an extension by the local court, or released by the local
court.

Section 2 provides the act shall take effect on the 120th day after it
shall have become law;
provided however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

JUSTIFICATION:
When prisoners are released on parole from state facilities, violators
of their parole should be punished.

Currently, those who violate their parole are often held at local
facilities while appeals and extensions on hearing the violation are
granted by the court. The defendant must appear before the court
within 10 business days of the court's notice to appear. The time the
violator spends in the local correctional facility is credited to
their sentence and sometimes lasts the sentence's duration.

This bill will give the court the option to grant an extension up to
20 days for the defendant's stay at the local correctional facility.
Otherwise, the parole violator will be transferred by Department of
Correctional and Community Supervision (DOCCS) to a state facility.
This bill also requires DOCS to reimburse the local facility for the
cost of the temporary detainment of the parole violator.

With overcrowding issues in local facilities at significant cost to
the localities, it's important to implement policies that will
require the state to be responsible for detaining violators of the
parole they set. It is wrong for the localities to bear the cost of
detaining the state's prisoners who have been released on parole.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPACT:
Significant cost savings will be realized by the counties while the
State Department of Correctional and Community Supervision will take


on additional costs. Overall, more efficiency and cost savings will
be realized as it is generally more expensive to house prisoners at
county correctional facilities than at state facilities.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
law; provided however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

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

                                  5498

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- 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 parole violators

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

  Section 1. The correction law is amended by adding a new section  23-a
to read as follows:
  S  23-A.  TRANSFER OF PAROLE VIOLATORS. 1. IF ANY PERSON PRESUMPTIVELY
RELEASED, PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO  POST-RELEASE
SUPERVISION,  OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE
SUPERVISION SHALL HAVE BEEN ARRESTED FOR VIOLATING ONE  OR  MORE  CONDI-
TIONS  OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR
POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS  DAYS  IN  ANY
LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
  A.  TRANSFERRED  TO  A STATE CORRECTIONAL FACILITY, WITH THE COSTS AND
RESPONSIBILITIES ASSOCIATED WITH SUCH TRANSFER BORNE BY  THE  DEPARTMENT
PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
  B.  KEPT  IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE COUNTY'S COSTS
OF SUCH TEMPORARY DETAINMENT REIMBURSED BY  THE  DEPARTMENT  WHERE  SUCH
PERSON  HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS BEEN
PRONOUNCED WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY  OF
THE COMMISSIONER.
  2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO
REMAIN IN THE LOCAL CORRECTIONAL FACILITY FOR  UP  TO  TWENTY  DAYS  PER
EXTENSION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-03-1

S5498A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add §23-a, Cor L

S5498A (ACTIVE) - Bill Texts

view summary

Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period; provisions do not apply for NYC.

view sponsor memo
BILL NUMBER:S5498A

TITLE OF BILL:
An act to amend the correction law, in relation to parole violators

PURPOSE:
To require parole violators to be transferred to a state correctional
facility after 10 business days in a local correctional facility.

SUMMARY:
Section 1 amends the Correction Law by adding a new section 23-a in
order that, except for in cities with a population over one million,
after a period of ten business days in a local correctional facility
those individuals in violation of their parole be heard by the court and
either transferred to a state facility at a cost of the Department of
Correctional and Community Supervision, granted an extension by the
local court, or released by the local court.

Section 2 provides the act shall take effect on the 120th day after it
shall have become law; provided however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
to be made on or before such date.

JUSTIFICATION:
When prisoners are released on parole from state facilities, violators
of their parole should be punished.

Currently, those who violate their parole are often held at local facil-
ities while appeals and extensions on hearing the violation are granted
by the court. The defendant must appear before the court within 10 busi-
ness days of the court's notice to appear. The time the violator spends
in the local correctional facility is credited to their sentence and
sometimes lasts the sentence's duration.

This bill will give the Court the option to grant an extension up to 20
days for the defendant's stay at the local correctional facility.
Otherwise, the parole violator will be transferred by Department of
Correctional and Community Supervision (DOCCS) to a state facility.
This bill also requires DOCS to reimburse the local facility for the
cost of the temporary detainment of the parole violator.

With overcrowding issues in local facilities at significant cost to the
localities, it's important to implement policies that will require the
state to be responsible for detaining violators of the pa role they set.
It is wrong for the localities to berthed cost of detaining the state's
prisoners who have been released on parole.

HISTORY:
New bill.

FISCAL IMPACT:
Significant cost savings will be realized by the counties while the
State Department of Correctional and Community Supervision will take on
additional costs. Overall, more efficiency and cost savings will be
realized as it is generally more expensive to house prisoners at county
correctional facilities than at state facilities.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
law; provided however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on at
before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5498--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably  from said committee and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the correction law, in relation to parole violators

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

  Section 1. The correction law is amended by adding a new section  23-a
to read as follows:
  S  23-A.  TRANSFER OF PAROLE VIOLATORS. 1. IF ANY PERSON PRESUMPTIVELY
RELEASED, PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO  POST-RELEASE
SUPERVISION,  OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE
SUPERVISION SHALL HAVE BEEN ARRESTED FOR VIOLATING ONE  OR  MORE  CONDI-
TIONS  OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR
POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS  DAYS  IN  ANY
LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
  A.  TRANSFERRED  TO  A STATE CORRECTIONAL FACILITY, WITH THE COSTS AND
RESPONSIBILITIES ASSOCIATED WITH SUCH TRANSFER BORNE BY  THE  DEPARTMENT
PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
  B.  KEPT  IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE COUNTY'S COSTS
OF SUCH TEMPORARY DETAINMENT REIMBURSED BY  THE  DEPARTMENT  WHERE  SUCH
PERSON  HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS BEEN
PRONOUNCED WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY  OF
THE COMMISSIONER.
  2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE  INHABITANTS,  OR
IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-04-2

S. 5498--A                          2

REMAIN  IN  THE  LOCAL  CORRECTIONAL  FACILITY FOR UP TO TWENTY DAYS PER
EXTENSION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made on or before such date.

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