S T A T E O F N E W Y O R K
________________________________________________________________________
1330
2015-2016 Regular Sessions
I N A S S E M B L Y
January 9, 2015
___________
Introduced by M. of A. GUNTHER, STECK, CROUCH, GIGLIO, LOPEZ, TENNEY,
SALADINO -- Multi-Sponsored by -- M. of A. DUPREY, GALEF, HAWLEY,
KATZ, MAGEE, McDONOUGH, McLAUGHLIN, RIVERA -- read once and referred
to the Committee on Correction
AN ACT to amend the county law and the correction law, in relation to
allowing two or more counties to enter into a contract for the
provision of a county jail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 217 of the county law is amended to read as
follows:
S 217. County jail. [Each] EXCEPT AS PROVIDED BY SECTION FIVE
HUNDRED-P OF THE CORRECTION LAW, EACH county shall continue to maintain
a county jail as prescribed by law.
S 2. The correction law is amended by adding a new section 500-p to
read as follows:
S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY MAY ENTER INTO A
CONTRACT WITH ANOTHER COUNTY, OR WITH THE STATE UPON THE APPROVAL OF THE
COMMISSIONER, TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND
MAINTENANCE OF A COUNTY JAIL. SUCH CONTRACTS, IF ENACTED, MAY RUN
CONCURRENT WITH ANY BOND OR LONG-TERM FINANCING ASSOCIATED WITH THE
CONSTRUCTION OF OR IMPROVEMENT TO A COUNTY JAIL.
2. AN AGREEMENT BETWEEN TWO OR MORE COUNTIES TO SHARE IN THE
CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL
PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE
COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN-
TY. THE CONTRACTING COUNTIES MAY AGREE THAT THE BONDING OR FINANCING
MECHANISM FOR THE PROVISION OF A COUNTY JAIL MAY BE AMENDED UPON THE
MUTUAL CONSENT OF EACH CONTRACTING COUNTY'S LEGISLATURE OR BOARD OF
SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00976-02-5
A. 1330 2
OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,
MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE
COUNTY.
3. IF TWO OR MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE
CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL,
THE JAIL SHALL BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE
SUBJECT TO THE AGREEMENT.
4. A COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE THE FINANCING,
MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE
SUCH OTHER COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS THE REQUIRE-
MENTS OF THE COMMISSION OR WHICH HAS A WAIVER OR VARIANCE FROM ALL OR A
PORTION OF SUCH REQUIREMENTS.
S 3. This act shall take effect immediately.