senate Bill S6864A

Signed By Governor
2011-2012 Legislative Session

Authorizes the use of the Albany county correctional facility for detention of persons under arrest being held for arraignment in any court in the county of Albany

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.343
Jul 20, 2012 delivered to governor
Jun 14, 2012 returned to senate
passed assembly
ordered to third reading rules cal.202
substituted for a9540a
May 08, 2012 referred to correction
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.685
Apr 25, 2012 print number 6864a
amend (t) and recommit to crime victims, crime and correction
Mar 30, 2012 referred to crime victims, crime and correction

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6864 - Bill Details

See Assembly Version of this Bill:
A9540A
Law Section:
Correction Law
Laws Affected:
Amd §§500-a & 500-c, Cor L

S6864 - Bill Texts

view summary

Authorizes the use of the Albany county correctional facility for the detention of persons under arrest being held for arraignment in any court in the county of Albany.

view sponsor memo
BILL NUMBER:S6864

TITLE OF BILL:
An act
to amend the correction law, in relation to authorizing the use of the
Albany county correctional facility for the detention of persons under
arrest being held for arraignment in the Colonie town court

PURPOSE:
To allow the Town of Colonie to designate the Albany County
Correctional Facility as the Town's holding cell for people awaiting
arraignment following an arrest.

SUMMARY OF PROVISIONS:
Section 500-a of the correction law is amended
by adding a new subdivision 2-1; Section 500-c of the correction law
is amended by adding a new subdivision 18.

JUSTIFICATION:
Currently, when anyone is arrested and requires
detainment in the Town of Colonie, the person cannot be jailed until
he or she is arraigned. Many jurisdictions across the state have
holding cells located in their police stations where people under
arrest can be held until a judge is available for an arraignment.
However, the Town of Colonie's police station is not equipped with
holding cells that would enable police to detain people under arrest
until arraignment. Because the Town does not have its own holding
cell, Colonie police must staff the police station and secure people
under arrest until a judge can be called to conduct the arraignment
and if necessary remand the person to the Albany County Correctional
Facility. Moreover, when people under arrest are finally arraigned,
many are remanded to the nearby Albany County Correctional Facility
which is located in the Town of Colonie a few miles away from the
Colonie Police Station. This bill would enable the Town of Colonie to
use the Albany County Correctional Facility as its holding cell.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  6864

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced  by  Sen. BRESLIN -- 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 authorizing the use
  of the Albany  county  correctional  facility  for  the  detention  of
  persons  under  arrest  being held for arraignment in the Colonie town
  court

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

  Section  1. Section 500-a of the correction law is amended by adding a
new subdivision 2-1 to read as follows:
  2-1. THE ALBANY COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR  THE
DETENTION  OF  PERSONS  UNDER  ARREST  BEING HELD FOR ARRAIGNMENT IN THE
COURT LOCATED IN THE TOWN OF COLONIE, COUNTY OF ALBANY.
  S 2. Section 500-c of the correction law is amended by  adding  a  new
subdivision 18 to read as follows:
  18.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN THE TOWN OF COLO-
NIE, COUNTY OF ALBANY, ALL THE PROVISIONS OF THIS SECTION SHALL  EQUALLY
APPLY IN ANY CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR
ARRAIGNMENT  PRIOR  TO COMMITMENT, AS IF SUCH PERSON HAS BEEN JUDICIALLY
COMMITTED TO THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE  HELD  IN
THE ALBANY COUNTY CORRECTIONAL FACILITY.
  S  3. This act shall take effect immediately, provided that the amend-
ment to section 500-c of the correction law, made by section two of this
act, shall not affect the repeal of such section pursuant to section  12
of  chapter  907  of  the  laws of 1984, as amended, and shall be deemed
repealed therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14059-01-2

S6864A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9540A
Law Section:
Correction Law
Laws Affected:
Amd §§500-a & 500-c, Cor L

S6864A (ACTIVE) - Bill Texts

view summary

Authorizes the use of the Albany county correctional facility for the detention of persons under arrest being held for arraignment in any court in the county of Albany.

view sponsor memo
BILL NUMBER:S6864A

TITLE OF BILL:
An act to amend the correction law, in relation to authorizing the use
of the Albany county correctional facility for the detention of persons
under arrest being held for arraignment in any court in the county of
Albany

PURPOSE:
To allow courts within Albany County to designate the Albany County
Correctional Facility as a holding cell for people awaiting arraignment
following an arrest in any court.

SUMMARY OF PROVISIONS:
Section 500-a of the correction law is amended by adding a new subdivi-
sion 2-1; Section 500-c of the correction law is amended by adding a new
subdivision 18.

JUSTIFICATION:
Currently, when anyone is arrested and requires detainment in a munici-
pality with no holding cell, the person cannot be jailed until he or she
is arraigned. Many jurisdictions across the State have holding cells
located in their police stations where people under arrest can be held
until a judge is available for an arraignment. However, police stations
in some municipalities are not equipped with holding cells that would
enable police to detain people under arrest until arraignment. Because
these municipalities do not have their own holding cells, police must
staff the police station and secure people under arrest until a judge
can be called to conduct the arraignment. This bill would enable munici-
palities within Albany County to use the Albany County Correctional
Facility as its holding cell.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 6864--A

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, 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 authorizing the use
  of the Albany  county  correctional  facility  for  the  detention  of
  persons  under  arrest  being held for arraignment in any court in the
  county of Albany

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

  Section  1. Section 500-a of the correction law is amended by adding a
new subdivision 2-1 to read as follows:
  2-1. THE ALBANY COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR  THE
DETENTION  OF  PERSONS  UNDER  ARREST  BEING HELD FOR ARRAIGNMENT IN ANY
COURT LOCATED IN THE COUNTY OF ALBANY.
  S 2. Section 500-c of the correction law is amended by  adding  a  new
subdivision 18 to read as follows:
  18. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF ALBA-
NY,  ALL  THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE
WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR ARRAIGNMENT PRIOR
TO COMMITMENT, AS IF SUCH PERSON HAS BEEN JUDICIALLY  COMMITTED  TO  THE
CUSTODY  OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN THE ALBANY COUNTY
CORRECTIONAL FACILITY.
  S 3. This act shall take effect immediately, provided that the  amend-
ment to section 500-c of the correction law, made by section two of this
act,  shall not affect the repeal of such section pursuant to section 12
of chapter 907 of the laws of 1984, as  amended,  and  shall  be  deemed
repealed therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14059-03-2

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