S T A T E   O F   N E W   Y O R K
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                                  2045

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M. of A. TEDISCO, OAKS, RABBITT, REILICH, KOLB -- Multi-
  Sponsored by -- M. of A. BARCLAY,  BURLING,  BUTLER,  CALHOUN,  CONTE,
  CROUCH, FINCH, FITZPATRICK, HAYES, McDONOUGH, J. MILLER, RAIA, SALADI-
  NO,  SAYWARD,  THIELE  --  read  once and referred to the Committee on
  Correction

AN ACT to amend the correction law and the executive law, in relation to
  the creation of a program to transport persons subject to an outstand-
  ing warrant

  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. TRANSPORTATION OF PERSONS SUBJECT TO AN  OUTSTANDING  WARRANT.
1.  THE COMMISSIONER SHALL, AT THE REQUEST OF A SHERIFF, A VILLAGE, TOWN
OR CITY POLICE DEPARTMENT, A COURT OR  OTHER  LAW  ENFORCEMENT  OFFICER,
PROVIDE  FOR  THE  TRANSPORTATION WITHIN THE STATE OF PERSONS SUBJECT TO
ANY WARRANT OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT, AS  SUCH
TERMS ARE DEFINED IN THE CRIMINAL PROCEDURE LAW, FOR ANY FELONY OR CLASS
A  MISDEMEANOR  FROM  ANY  JURISDICTION  TO  THE  JURISDICTION WHERE THE
WARRANT IS OUTSTANDING.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
WHEN  (A) THE DISTANCE BETWEEN THE JURISDICTIONS IS FIFTY MILES OR LESS;
OR (B) TRANSPORTATION IS ALREADY PROVIDED UNDER THE  PROVISIONS  OF  THE
VIOLENT FELONY WARRANT PROGRAM AS SET FORTH IN SECTION TWO HUNDRED TWEN-
TY-ONE-E OF THE EXECUTIVE LAW.
  3.  THE COST OF TRANSPORTING PERSONS PURSUANT TO THIS SECTION SHALL BE
PAID FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR SUCH PURPOSE.
  S 2. The executive law is amended by adding a  new  section  221-e  to
read as follows:
  S 221-E. VIOLENT FELONY WARRANT PROGRAM.  THE DIVISION OF STATE POLICE
SHALL  PROVIDE FOR THE TRANSPORTATION OF CERTAIN DEFENDANTS CHARGED WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01465-01-1
              

A. 2045                             2

THE COMMISSION OF A VIOLENT FELONY AND SUBJECT TO AN OUTSTANDING WARRANT
OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT, AS  SUCH  TERMS  ARE
DEFINED  IN  THE  CRIMINAL  PROCEDURE  LAW, FROM ANY JURISDICTION TO THE
JURISDICTION  WHERE  THE  WARRANT  IS OUTSTANDING. PERSONS FOR WHOM SUCH
TRANSPORTATION IS SO PROVIDED SHALL NOT BECOME THE RESPONSIBILITY OF THE
COMMISSIONER OF CORRECTIONAL SERVICES TO PROVIDE TRANSPORTATION, SUBJECT
TO SECTION TWENTY-THREE-A OF THE CORRECTION LAW.
  S 3. This act shall take effect immediately.