S T A T E O F N E W Y O R K
________________________________________________________________________
6179
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. MILLER,
OAKS -- read once and referred to the Committee on Governmental Oper-
ations
AN ACT to amend the executive law, in relation to the implementation of
a special program to provide for the transportation 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. TRANSPORTATION OF PERSONS SUBJECT TO A WARRANT. 1. THE
VIOLENT FELON WARRANT PROGRAM AS PRESENTLY CONSTITUTED WITHIN THE DIVI-
SION OF STATE POLICE WHEREBY THE DIVISION PROVIDES FOR THE TRANSPORTA-
TION 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, IS FROM ONE JURISDICTION TO THE
JURISDICTION WHERE THE WARRANT IS OUTSTANDING IS HEREBY CONTINUED IN ITS
CURRENT FORM, AND IS ALSO EXTENDED TO INCLUDE THE REQUIREMENTS AND
DIRECTIVES CONTAINED IN THIS SECTION.
2. SUCH PROGRAM SHALL BE FURTHER EXPANDED ON AND AFTER APRIL FIRST,
TWO THOUSAND FOURTEEN TO THE EXTENT THAT THE DIVISION SHALL BEAR THE
RESPONSIBILITY, UPON REQUEST OF THE APPROPRIATE POLICE DEPARTMENT, COURT
OR OTHER CRIMINAL JUSTICE ENTITY, TO PROVIDE FOR THE TRANSPORTATION OF
PERSONS SUBJECT TO ANY SUCH WARRANT OF ARREST, BENCH WARRANT OR SUPERIOR
COURT WARRANT FOR ANY FELONY AS SUCH TERM IS DEFINED IN THE CRIMINAL
PROCEDURE LAW FROM ANY JURISDICTION WHEREIN SUCH PERSON IS APPREHENDED
TO THE JURISDICTION WHERE THE WARRANT IS OUTSTANDING, PROVIDED HOWEVER
THAT SUCH RESPONSIBILITY SHALL ONLY APPLY WHERE THE DISTANCE FOR TRAVEL
IS MORE THAN FIFTY MILES. DURING THE PERIOD OF TIME COMMENCING WITH THE
EFFECTIVE DATE OF THIS SECTION AND TERMINATING MARCH FIRST, TWO THOUSAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08176-01-3
A. 6179 2
FOURTEEN, THE DIVISION, IN CONJUNCTION WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE OFFICE OF COURT ADMINISTRATION SHALL DEVELOP A
PLAN AND PROCEDURES TO ENSURE THE TIMELY IMPLEMENTATION OF THIS SUBDIVI-
SION. SUCH PLAN SHALL INCLUDE A REQUEST FOR AN APPROPRIATION FOR THE TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR TO FULLY FUND
THE PROGRAM AS HEREIN EXPANDED.
3. THE DIVISION, IN CONJUNCTION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE OFFICE OF COURT ADMINISTRATION SHALL FURTHER DEVELOP
SUCH PLAN PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION SO AS TO
INCLUDE WITHIN ITS REQUIREMENTS THE TRANSPORTATION OF PERSONS SUBJECT TO
SUCH WARRANT FOR ANY CLASS A MISDEMEANOR. SUCH PLAN SHALL INCLUDE A
STUDY IDENTIFYING AN ALTERNATIVE, MORE COST EFFICIENT METHOD OF PROVID-
ING FOR THE TRANSPORTATION OF SUCH PERSONS INCLUDING BUT NOT LIMITED TO
THE USE OF LOCAL POLICE AGENCIES, SUBJECT TO REIMBURSEMENT BY THE STATE,
AND APPROVAL OF THE TERMS OF ANY AGREEMENT BY THE LOCAL LEGISLATIVE BODY
OF THE FINANCIALLY AFFECTED LOCALITY. SUCH PLAN AS FURTHER EXPANDED BY
THIS SUBDIVISION SHALL INCLUDE A REQUEST FOR FUNDING IN THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR TO INITIALLY CARRY OUT
THE PROVISIONS OF THIS SUBDIVISION.
4. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE
DEVELOPMENT AND IMPLEMENTATION OF A MODEL PROGRAM WHICH HAS AS ITS
INTENTION THE TRANSPORTATION OF PERSONS SUBJECT TO SUCH A WARRANT FROM A
JURISDICTION WHERE APPREHENDED TO THE JURISDICTION WHERE A WARRANT IS
OUTSTANDING IN A SIMILAR MANNER. ANY MODEL PROGRAM AS ADOPTED MAY BE
USED IN THE DEVELOPMENT OF THE STATEWIDE PROGRAM PROVIDED FOR IN THIS
SECTION.
S 2. This act shall take effect immediately.