senate Bill S7138

Signed By Governor
2013-2014 Legislative Session

Relates to the Jefferson county correctional facility

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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
Sep 04, 2014 signed chap.346
Aug 25, 2014 delivered to governor
May 29, 2014 returned to senate
passed assembly
ordered to third reading cal.738
substituted for a9520
May 21, 2014 referred to correction
delivered to assembly
passed senate
May 20, 2014 advanced to third reading
May 19, 2014 2nd report cal.
May 14, 2014 1st report cal.777
Apr 30, 2014 referred to crime victims, crime and correction

Votes

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S7138 - Bill Details

See Assembly Version of this Bill:
A9520
Law Section:
Correction Law
Laws Affected:
Amd ยงยง500-a & 500-c, Cor L

S7138 - Bill Texts

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Relates to the Jefferson county correctional facility.

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BILL NUMBER:S7138

TITLE OF BILL: An act to amend the correction law, in relation to the
Jefferson county correctional facility

PURPOSE:

This act will amend the Correction Law to allow the Jefferson County
Correctional Facility to hold persons who are under arrest and
awaiting their arraignment.

SUMMARY OF PROVISIONS:

Section 1 amends Section 500-a of the Correction Law by adding a new
Subdivision 2-m to permit the Jefferson County Correctional Facility
to be used for the detention of persons who are under arrest and being
held for arraignment in any court in Jefferson County.

Section 2 amends Section 500-c of the Correction Law by adding a new
Subdivision 19 to permit persons under arrest and awaiting their
arraignment to be held at the Jefferson County Correctional Facility
by the Jefferson County Sheriff.

Section 3 provides the effective date.

JUSTIFICATION:

Since its construction in 1992, the Jefferson County Correctional
Facility has held persons under arrest who are awaiting their
arraignment in any court located in Jefferson County. But, unknown to
Jefferson County and the municipalities within the County, this
arrangement requires permission from the State. Therefore, legislation
is necessary to grant such permission and allow the practice to
continue. This legislation will amend the Correction Law to provide
Jefferson County with the authority to hold persons under arrest who
are awaiting their arraignment. It will formally enact in law what has
been done in Jefferson County for over two decades.

This arrangement is an example of Jefferson County sharing a resource
with the municipalities in their county. When the Jefferson County
Correctional Facility was constructed in 1992 it was determined to be
in the best interest of the County and the municipalities to share the
Correctional Facility. Therefore, the County agreed to hold persons
who are arrested and are awaiting arraignment in the County. This
legislation continues that policy by amending the Correction Law to
permit the Jefferson County Correctional Facility to hold such
individuals for the municipalities in Jefferson County.

Similar legislation has been enacted fourteen times before to allow
other upstate counties facing a similar situation to use their county
correctional facility to house persons under arrest who are awaiting
their arraignment.

LEGISLATIVE HISTORY:

New Bill.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, provided that the amendment 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.

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

                                  7138

                            I N  S E N A T E

                             April 30, 2014
                               ___________

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 the Jefferson county
  correctional facility

  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-m to read as follows:
  2-M. THE JEFFERSON 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 JEFFERSON.
  S 2. Section 500-c of the correction law is amended by  adding  a  new
subdivision 19 to read as follows:
  19.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, IN THE COUNTY OF
JEFFERSON, 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  JEFFERSON
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.
                                                           LBD14744-01-4

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