senate Bill S5423

2013-2014 Legislative Session

Requires parole violators in the counties of Jefferson, Oswego, and Saint Lawrence 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

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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.1294
committee discharged and committed to rules
Jun 03, 2014 reported and committed to finance
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 13, 2013 referred to correction
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1363
committee discharged and committed to rules
Jun 04, 2013 reported and committed to finance
May 16, 2013 referred to crime victims, crime and correction

Votes

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Jun 11, 2014 - Rules committee Vote

S5423
20
0
committee
20
Aye
0
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Jun 3, 2014 - Crime Victims, Crime and Correction committee Vote

S5423
9
1
committee
9
Aye
1
Nay
3
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: Jun 3, 2014

Jun 17, 2013 - Rules committee Vote

S5423
20
1
committee
20
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S5423
20
1
committee
20
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 4, 2013 - Crime Victims, Crime and Correction committee Vote

S5423
9
0
committee
9
Aye
0
Nay
4
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: Jun 4, 2013

S5423 - Bill Details

See Assembly Version of this Bill:
A7933
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add ยง23-a, Cor L

S5423 - Bill Texts

view summary

Requires parole violators in the counties of Jefferson, Oswego, and Saint Lawrence to be transferred to state correctional facilities after 10 days in a local correctional facility.

view sponsor memo
BILL NUMBER:S5423

TITLE OF BILL: An act to amend the correction law, in relation to
parole violators in Jefferson, Oswego, and Saint Lawrence counties;
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE: To establish a two year pilot program in the counties of
Jefferson, Oswego, and Saint Lawrence for parole violators to be
transferred to a state correctional facility after 10 business days in
a local correctional facility.

SUMMARY OF PROVISIONS:

Section 1 amends the Correction Law by adding a new section 23-a which
establishes that in the counties of Jefferson, Oswego, and Saint
Lawrence, 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 the cost of
the Department of Correction 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 and shall expire and be deemed repealed two
years after such effective date. 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 ten 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 duration of the sentence.

This bill will give the Courts in Jefferson, Oswego, and Saint
Lawrence counties the option to grant an extension up to twenty days
for the defendant's stay at the local correctional facility.
Otherwise, the parole violator will be transferred by the Department
of Correction and Community Supervision (DOCCS) to a state facility.
This bill also requires DOCCS to reimburse the local facility for the
cost of the temporary detainment of the parole violator.

With overcrowding issues in local facilities, especially in Jefferson,
Oswego, and Saint Lawrence Counties, at a significant cost to the
localities, it is important to implement policies that will require
the state to be responsible for detaining violators of the parole they
set.

It is wrong for these localities to bear the 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 and shall expire and be deemed repealed two
years after such effective date. 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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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5423

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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 in
  Jefferson, Oswego, and Saint Lawrence counties; and providing for  the
  repeal of such provisions upon expiration thereof

  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.  IN THE COUNTIES OF JEFFER-
SON, OSWEGO, AND ST. LAWRENCE, 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 CONDITIONS OF HIS OR
HER PRESUMPTIVE RELEASE, PAROLE,  CONDITIONAL  RELEASE  OR  POST-RELEASE
SUPERVISION,  SUCH  PERSON, AFTER TEN BUSINESS DAYS IN ANY LOCAL CORREC-
TIONAL 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10537-01-3

S. 5423                             2

  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall expire and  be  deemed  repealed  2
years  after  such effective date.  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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