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

                                   781

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, MONTESANO, NOJAY, WALTER, PALMESANO --
  Multi-Sponsored by -- M. of A. BARCLAY, DUPREY, HAWLEY, HOOPER, RIVERA
  -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to agreements for custo-
  dy of definite sentence inmates

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

  Section  1.  Section 91 of the correction law, as amended by section 5
of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
follows:
  S  91.  Agreements  for  custody  of definite sentence inmates. 1. The
commissioner may, SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF  THIS
SECTION, enter into an agreement with any county or with the city of New
York  to  provide  for  custody by the department of persons who receive
definite sentences of imprisonment with terms in excess of  ninety  days
who  otherwise  would serve such sentences in the jail, workhouse, peni-
tentiary or other local correctional [institution]  FACILITY  maintained
by  such  locality;  provided,  however,  that a person committed to the
custody of the department pursuant to an agreement established  by  this
section,  except  a  person  committed pursuant to an agreement with the
city of New York, shall be delivered to a reception center designated by
the commissioner for an initial processing  period  which  shall  be  no
longer than seven days, and thereafter, shall be transferred to a gener-
al  confinement correctional facility located in the same county or in a
county adjacent to the county  where  such  person  would  otherwise  be
committed  to a local correctional facility. In the event, however, that
exigent circumstances related to health, safety or security arise  which
require  the immediate transfer of an inmate to a different facility not
within the county or adjacent county, then the department shall, as soon
thereafter as practicable, arrange for such inmate to be returned to the
jurisdiction of the county from which he or she was committed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01525-01-5
              

A. 781                              2

  2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person in  charge  of  such  [county
institution]  LOCAL  CORRECTIONAL  FACILITY  and shall be subject to the
approval of the chief executive officer of the county. An agreement made
with  the  city  of  New  York  may  be  made  with  the commissioner of
correction of that city and shall be subject  to  the  approval  of  the
mayor.
  3. An agreement made under this section [shall require the locality to
pay  the  cost  of  treatment,  maintenance and custody furnished by the
department, and the costs incurred under subdivision  two  or  three  of
section  one  hundred  twenty-five  of  this  chapter  relating  to  the
provision  of  clothing,  money  and  transportation  upon  release   or
discharge  of inmates delivered to the department pursuant to the agree-
ment, and] shall contain at least the following provisions:
  (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT-
MENT, MAINTENANCE, AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;
  (B) A provision specifying the minimum length of the term of imprison-
ment  of  persons who may be received by the department under the agree-
ment, which may be any term in excess of ninety days agreed  to  by  the
parties and which need not be the same in each agreement;
  [(b)]  (C)  A provision that no charge will be made to the state or to
the department or to any of its institutions during the pendency of such
agreement for delivery of inmates to the department by officers  of  the
locality,  and  that  the  provisions of section six hundred two of this
chapter or of any similar law shall not apply for  delivery  of  inmates
during such time;
  [(c)] (D) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPART-
MENT  TO PAY THE COST OF TREATMENT, MAINTENANCE AND CUSTODY OF AN INMATE
FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE-
TY-FIVE OF THIS ARTICLE;
  (E) Designation of the correctional facility or  facilities  to  which
persons under sentences covered by the agreement are to be delivered;
  [(d)] (F) A provision requiring the department to provide transitional
services  upon  the  release  of persons committed to the custody of the
department pursuant to an agreement established by this section;
  [(e)] (G) Any other provision the commissioner may deem  necessary  or
appropriate; and
  [(f)]  (H)  A  provision  giving  either party the right to cancel the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
  4. Notwithstanding any other provision of law, the commissioner  shall
be  authorized to grant, withhold, cause to be forfeited, or cancel time
allowances as provided in and in compliance with section  eight  hundred
four of this chapter.
  5.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (H) OF SUBDIVISION
THREE OF THIS SECTION, THE COMMISSIONER SHALL ENTER  INTO  AN  AGREEMENT
WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
SECTION  WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS TO
BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI-
TY OR FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY  OF  NEW
YORK  SHALL  NOT  BE  REQUIRED BY THE STATE COMMISSION ON CORRECTIONS TO
CONSTRUCT NEW CORRECTIONAL FACILITIES.
  (B) NOTHING IN THIS SECTION SHALL PRECLUDE  THE  STATE  COMMISSION  ON
CORRECTIONS  FROM  ISSUING  WAIVERS  PURSUANT TO THIS ARTICLE, IF IN THE
DISCRETION OF THE STATE COMMISSION ON CORRECTIONS THE  ISSUANCE  OF  THE

A. 781                              3

WAIVER  IS  MORE  APPROPRIATE  THAN  THE  AGREEMENT PROVIDED FOR IN THIS
SECTION.
  (C)  NOTHING  IN THIS SECTION SHALL PRECLUDE A COUNTY FROM ENTERING AN
AGREEMENT WITH A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION  OF  ANY
EXISTING  AGREEMENT  BETWEEN  THE  COUNTIES FOR THE ALLEVIATION OF OVER-
CROWDING AT A LOCAL CORRECTIONAL FACILITY.
  (D) NOTHING IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW  YORK  FROM
ENTERING  INTO  AGREEMENTS WITH ANY COUNTY WITHIN THE STATE TO ALLEVIATE
OVERCROWDING AT ITS LOCAL FACILITIES.
  6. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S 2. Section 91 of the correction law, as amended  by  section  10  of
subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 91. Agreements for custody of  definite  sentence  inmates.  1.  The
[state]  commissioner  of  corrections  and  community  supervision may,
SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION enter into
an agreement with any county or with the city of New York to provide for
custody by the [state] department [of corrections and  community  super-
vision]  of  persons who receive definite sentences of imprisonment with
terms in excess of ninety days who otherwise would serve such  sentences
in the jail, workhouse, penitentiary or other local correctional [insti-
tution] FACILITY maintained by such locality.
  2.  Any  such  agreement, except one that is made with the city of New
York, may be  made  with  the  sheriff,  warden,  superintendent,  local
commissioner  of  correction  or  other person in charge of such [county
institution] LOCAL CORRECTIONAL FACILITY and shall  be  subject  to  the
approval of the chief executive officer of the county. An agreement made
with  the  city  of  New  York  may  be  made  with  the commissioner of
correction of that city and shall be subject  to  the  approval  of  the
mayor.
  3. An agreement made under this section [shall not require the locali-
ty  to  pay  the cost of treatment, maintenance and custody furnished by
the state department of corrections and community supervision and] shall
contain at least the following provisions:
  (a) A PROVISION THAT REQUIRES THE LOCALITY TO PAY THE COST  OF  TREAT-
MENT, MAINTENANCE AND CUSTODY OF AN INMATE FURNISHED BY THE DEPARTMENT;
  (B) A provision specifying the minimum length of the term of imprison-
ment  of  persons  who  may  be  received  by the [state] department [of
corrections and community supervision] under the agreement, which may be
any term in excess of ninety days agreed to by  the  parties  and  which
need not be the same in each agreement;
  [(b)]  (C)  A provision that no charge will be made to the state or to
the [state] department [of corrections and community supervision] or  to
any of its institutions during the pendency of such agreement for deliv-
ery  of  inmates to the [state] department [of corrections and community
supervision] by officers of the locality, and  that  the  provisions  of
section  six hundred two of this chapter or of any similar law shall not
apply for delivery of inmates during such time;
  [(c)] (D) A provision that no charge shall be  made  to  or  shall  be
payable  by  the  state  during  the  pendency of such agreement for the
expense of maintaining parole violators pursuant to section two  hundred
[sixteen]  FIFTY-NINE-I  of  [this  chapter]  THE EXECUTIVE LAW, for the
expense of maintaining coram nobis prisoners  pursuant  to  section  six
hundred  one-b of this chapter, OR for the expense of maintaining felony

A. 781                              4

prisoners pursuant to section six hundred one-c of this chapter[, or for
the expense of maintaining alternative local reformatory inmates  pursu-
ant  to  section eight hundred thirty-five in institutions maintained by
the locality];
  [(d)]  (E)  A  provision,  approved  by  the  state  comptroller,  for
reimbursement of the [state] department [of  corrections  and  community
supervision] by the locality for expenses incurred under subdivision two
or  three of section one hundred twenty-five of this chapter relating to
clothing, money and transportation furnished upon release  or  discharge
of  inmates  delivered  to  the  [state]  department [of corrections and
community supervision] pursuant to the agreement;
  (F) A PROVISION FOR REIMBURSEMENT BY THE LOCALITY TO THE DEPARTMENT TO
PAY THE  COST  OF  TREATMENT,  MAINTENANCE  AND  CUSTODY  OF  AN  INMATE
FURNISHED BY SUCH LOCALITY PURSUANT TO SUBDIVISION FOUR OF SECTION NINE-
TY-FIVE OF THIS ARTICLE;
  [(e)]  (G)  Designation  of the correctional facility or facilities to
which persons under sentences covered by the agreement are to be  deliv-
ered;
  [(f)] (H) Any other provision the [state] commissioner [of corrections
and community supervision] may deem necessary or appropriate; and
  [(g)]  (I)  A  provision  giving  either party the right to cancel the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
  4. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (I) OF  SUBDIVISION
THREE  OF  THIS  SECTION, THE COMMISSIONER SHALL ENTER INTO AN AGREEMENT
WITH A COUNTY OR THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS
SECTION WHEN IT IS DETERMINED BY THE STATE COMMISSION ON CORRECTIONS  TO
BE NECESSARY TO ALLEVIATE OVERCROWDING AT THE LOCAL CORRECTIONAL FACILI-
TY  OR  FACILITIES. UPON SUCH DETERMINATION, A COUNTY OR THE CITY OF NEW
YORK SHALL NOT BE REQUIRED BY THE STATE  COMMISSION  ON  CORRECTIONS  TO
CONSTRUCT NEW CORRECTIONAL FACILITIES.
  (B)  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE STATE COMMISSION ON
CORRECTIONS FROM ISSUING WAIVERS PURSUANT TO THIS  ARTICLE,  IF  IN  THE
DISCRETION  OF  THE  STATE COMMISSION ON CORRECTIONS THE ISSUANCE OF THE
WAIVER IS MORE APPROPRIATE THAN  THE  AGREEMENT  PROVIDED  FOR  IN  THIS
SECTION.
  (C)  NOTHING  IN THIS SECTION SHALL PRECLUDE A COUNTY FROM ENTERING AN
AGREEMENT WITH A CONTIGUOUS COUNTY OR PROHIBIT THE CONTINUATION  OF  ANY
EXISTING  AGREEMENT BETWEEN COUNTIES FOR THE ALLEVIATION OF OVERCROWDING
AT A LOCAL CORRECTIONAL FACILITY OR FACILITIES.
  (D) NOTHING IN THIS SECTION SHALL PRECLUDE THE CITY OF NEW  YORK  FROM
ENTERING  INTO  AGREEMENTS WITH ANY COUNTY WITHIN THE STATE TO ALLEVIATE
OVERCROWDING AT ITS LOCAL FACILITIES.
  5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S 3. Subdivision 4 of section 92 of the correction law, as amended  by
section  6  of  part  H of chapter 56 of the laws of 2009, is amended to
read as follows:
  4. In the event any such agreement is cancelled, inmates delivered  to
the department prior to the date of cancellation shall continue to serve
their  sentences in the custody of such department and the provisions of
such agreement shall continue to apply with respect to such  inmates.  A
copy  of the notice of cancellation shall be filed with the secretary of
state and with the clerks of courts in the manner provided  in  subdivi-
sion  [four]  SIX  of section ninety-one of this article, and no inmates

A. 781                              5

shall be delivered to the custody of the department under such agreement
after the date on which such cancellation becomes effective.
  S  4. Subdivision 4 of section 92 of the correction law, as amended by
section 11 of subpart B of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
  4.  In the event any such agreement is cancelled, inmates delivered to
the [state] department [of corrections and community supervision]  prior
to  the  date of cancellation shall continue to serve their sentences in
the custody of [such] THE department and the provisions of  such  agree-
ment shall continue to apply with respect to such inmates. A copy of the
notice  of  cancellation  shall be filed with the secretary of state and
with the clerks of courts in the manner provided in  subdivision  [four]
FIVE  of  section  ninety-one  of  this article, and no inmates shall be
delivered to the custody of the [state] department [of  corrections  and
community supervision] under such agreement after the date on which such
cancellation becomes effective.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to  agreements  entered  into  on  or
before  such effective date; provided that the amendments to sections 91
and 92 of the correction law made by sections one and three of this  act
shall be subject to the expiration and reversion of such sections pursu-
ant  to  section  8  of  part  H  of  chapter 56 of the laws of 2009, as
amended, when upon such date sections two and four  of  this  act  shall
take effect.