senate Bill S2612

2013-2014 Legislative Session

Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to correction
delivered to assembly
passed senate
ordered to third reading cal.1288
committee discharged and committed to rules
May 14, 2014 reported and committed to finance
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 11, 2013 referred to correction
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.996
Mar 13, 2013 reported and committed to finance
Jan 23, 2013 referred to crime victims, crime and correction

Votes

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Jun 11, 2014 - Rules committee Vote

S2612
18
4
committee
18
Aye
4
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

May 14, 2014 - Crime Victims, Crime and Correction committee Vote

S2612
9
4
committee
9
Aye
4
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: May 14, 2014

Jun 4, 2013 - Finance committee Vote

S2612
27
6
committee
27
Aye
6
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Mar 13, 2013 - Crime Victims, Crime and Correction committee Vote

S2612
9
3
committee
9
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 13, 2013

aye wr (1)

S2612 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6739

S2612 - Bill Texts

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Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody.

view sponsor memo
BILL NUMBER:S2612

TITLE OF BILL: An act to amend the executive law, in relation to tempo-
rary detention of persons whose presumptive release, parole, conditional
release or post-release supervision alleged to have violated the terms
of their release

PURPOSE: This bill would limit the temporary detention of defendants in
violation of their release in a local correctional facility to three
days before their transfer to state custody.

SUMMARY OF PROVISIONS:

Section 1. The bill amends subparagraph (i)of paragraph (a) of subdivi-
sion 3 of section 259-i of the Executive law to provide that parole
violators who are placed in the temporary detention of a local correc-
tional facility shall be held no longer than 72 hours before they must
be transferred to a state correctional facility for further temporary
detention.

JUSTIFICATION: This bill would provide mandate relief for County
government by providing that an alleged state parole violator must be
transferred to a state correctional facility within 72 hours of his
original detention in the county facility within the county where he was
arrested.

In the 1990s the New York state Executive law was amended to require
that the County, rather than the State, provide housing for state parole
violators who are arrested in a specific county. This change was made
because, at that time, state correctional facilities were overcrowded.
Over the years New York's state facility prisoner population has less-
ened resulting in the recent downsizing of state facilities.

Counties, however, are still required to maintain state parole violators
at a time when County budgets are strained and the costs associated with
maintaining alleged state parole violators has skyrocketed. The costs of
housing prisoners with medical conditions requiring specialized care and
prescription drugs can have a large impact upon county budgets. These
prisoners can often remain within the local facility for extended Peri-
ods of time as their requests for parole hearing extensions are granted.

This bill will restore the responsibility for housing and caring for
state alleged parole violators back to the state and will help alleviate
the burden upon county taxpayers.

LEGISLATIVE HISTORY: 2012: S.6739/A.10237 Referred to Crimes Victims,
Crime and Correction

FISCAL IMPACT: Counties affected by this legislation will experience
significant cost reductions while the State Department of Corrections
will experience additional costs. It is anticipated there will be an

overall reduction in costs due to more detainee time being spent in a
state facility with less overall associated cost than a county facility.

EFFECTIVE DATE: This act shall take effect 120 days after enactment.

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

                                  2612

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 executive law, in relation to temporary detention of
  persons  whose  presumptive  release,  parole,  conditional release or
  post-release supervision alleged to have violated the terms  of  their
  release

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

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
section  259-i  of  the  executive  law, as amended by section 38-f-1 of
subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  (i)  If  the parole officer having charge of a presumptively released,
paroled or conditionally released person or a person released  to  post-
release  supervision or a person received under the uniform act for out-
of-state parolee supervision shall have reasonable cause to believe that
such person has lapsed into criminal ways or company,  or  has  violated
one  or  more conditions of his presumptive release, parole, conditional
release or post-release supervision, such parole  officer  shall  report
such  fact to a member of the board, or to any officer of the department
designated by the board, and thereupon a warrant may be issued  for  the
retaking  of  such  person and for his temporary detention in accordance
with the rules of the board. The retaking  and  detention  of  any  such
person  may be further regulated by rules and regulations of the depart-
ment not inconsistent with this article. A warrant  issued  pursuant  to
this section shall constitute sufficient authority to the superintendent
or other person in charge of any jail, penitentiary, lockup or detention
pen  to  whom  it is delivered to hold in temporary detention the person
named therein; except that a warrant issued with respect to a person who
has been released on medical parole  pursuant  to  section  two  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07116-01-3

S. 2612                             2

fifty-nine-r  of this article and whose parole is being revoked pursuant
to paragraph (h) of subdivision four of such section  shall  [constitute
authority  for] REQUIRE the immediate placement of the parolee only into
imprisonment  in  the  custody  of  the  department to hold in temporary
detention.  IN INSTANCES IN WHICH SUCH PERSON HAS  BEEN  PLACED  IN  THE
TEMPORARY  DETENTION  OF  A  LOCAL  CORRECTIONAL FACILITY, THE PERIOD OF
TEMPORARY DETENTION IN THE CUSTODY OF SUCH LOCAL  CORRECTIONAL  FACILITY
SHALL  NOT  EXCEED  SEVENTY-TWO HOURS AND THEREAFTER THE PERSON SHALL BE
TRANSFERRED TO THE CUSTODY  OF  THE  DEPARTMENT  TO  HOLD  IN  TEMPORARY
DETENTION.  A warrant issued pursuant to this section shall also consti-
tute sufficient authority to the person in charge of  a  drug  treatment
campus,  as  defined  in  subdivision  twenty  of  section  two  of  the
correction law, to hold the person named therein, in accordance with the
procedural requirements of this section, for a period of at least ninety
days to complete an intensive drug treatment  program  mandated  by  the
board  as an alternative to presumptive release or parole or conditional
release revocation, or the revocation of post-release  supervision,  and
shall  also  constitute  sufficient  authority  for return of the person
named therein to local  custody  to  hold  in  temporary  detention  for
further  revocation  proceedings  in  the  event  said  person  does not
successfully complete the intensive drug treatment program. The  board's
rules  shall  provide for cancellation of delinquency and restoration to
supervision upon the successful completion of the program.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided that,  effective  immediately,  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and  directed  to  be  promulgated,
amended and/or repealed on or before such date.

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