NY State Senate Bill 2015-S3238

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to crime victims, crime and correction
Feb 03, 2015	referred to crime victims, crime and correction

2015-S3238 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §530, Cor L
Versions Introduced in 2017-2018 Legislative Session:: S1628

2015-S3238 (ACTIVE) - Summary

Relates to the transfer of certain inmates.

2015-S3238 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3238

TITLE OF BILL:  An act to amend the correction law, in relation to the
transfer of certain inmates

PURPOSE:

To provide the New York City Commissioner of Correction with the
ability to transfer inmates who have been disciplined for violent
offenses to a State correctional facility

SUMMARY OF PROVISIONS:

Section one of this bill amends the Correction Law by adding a new
section 530. Subdivision one of this new section provides that when an
inmate who has been in the custody of the New York City Commissioner
of Correction for more than one year is subjected to a disciplinary
proceeding for committing an offense defined in subdivision 4 of this
new section, found guilty of such offense, and such finding was not
overturned on appeal, the Commissioner shall apply to the State
Commission of Correction for and be granted a substitute jail order
for such inmate and the inmate will be transferred to a State
correctional facility.

Subdivision two of this new section provides that if an inmate is
transferred to a facility that is over 100 miles from New York City,

the inmate will be afforded the opportunity to meet with his or her
counsel at the State correctional facility that is closest to New York
City.

Subdivision three of this new section provides that the New York State
Commissioner of the Department of Corrections and Community
Supervision shall determine, in accordance with the Department's
standards, whether New York City will be required to reimburse the
State for the costs of confinement.

Subdivision four of this new section provides the list of offenses for
which this section applies. These offenses are:

- Assault resulting in the physical injury of another person,
- Assault using a weapon, regardless of whether such assault results
in physical injury,
- Possession of a razor outside of the housing area where the inmate
is confined,
- Rape or sexual abuse of another person, and
- Attempted rape or sexual abuse of another person.

Section two of this bill provides that this act shall take effect on
the thirtieth day after it shall have become a law.

CURRENT LAW:

Correction Law section 504 allows the State Commission of Correction
to, upon application, issue a substitute jail order when a jail is
unsafe or unfit for the confinement of some or all of the inmates and
there is no other available jail in the County.


JUSTIFICATION:

Municipal prisons, such as Riker's Island in New York City, are not
meant to hold any one inmate for more than one year. Many of the
inmates at Riker's Island are there for parole or probation
violations. Frequently, these inmates are at Riker's Island for more
than one year while they await adjudication on their parole or
probation violation charges. Many of these inmates commit criminal
offenses while they are awaiting adjudication.

While Riker's Island does have a disciplinary system to punish those
inmates who commit certain violent criminal offenses while on Riker's
Island, many of these inmates know how to work the system so that the
amount of time that they spend in solitary confinement after being
found guilty is significantly diminished. Once these inmates are
released from solitary confinement, they are able to commit another
violent offense.

This cycle of violence, discipline, and violence after being returned
to the general population needs to end. Even though the Commissioner
of Correction is currently afforded the opportunity to request a
substitute jail order when a jail becomes unsafe for the confinement
of some of the inmates, the Commissioner's ability to make these
requests is hampered because they are subject to the Mayor's approval.

The Commissioner of Correction is in the best position to determine
whether an inmate who has been disciplined for violence poses a threat
to other inmates and Correction Officers. This bill would give the
Commissioner of Correction the ability to obtain a substitute jail
order when an inmate poses a threat to the safety of other inmates at
Riker's Island.

LEGISLATIVE HISTORY:

New bill

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S3238 (ACTIVE) - Bill Text download pdf

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

                                  3238

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 transfer of
  certain inmates

  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 530
to read as follows:
  S 530. TRANSFER OF CERTAIN INMATES. 1. NOTWITHSTANDING  ANY  PROVISION
OF LAW TO THE CONTRARY, ANY INMATE IN THE CUSTODY OF THE COMMISSIONER OF
CORRECTION FOR THE CITY OF NEW YORK WHO, HAVING BEEN IN SUCH CUSTODY FOR
A  PERIOD OF AT LEAST THREE HUNDRED SIXTY-FIVE CONSECUTIVE DAYS, ENGAGED
IN CONDUCT FOR WHICH HE OR SHE WAS SUBJECT TO A DISCIPLINARY  PROCEEDING
RESULTING IN A DETERMINATION OF GUILT FOR AN OFFENSE DESCRIBED IN SUBDI-
VISION FOUR OF THIS SECTION AND SUCH DETERMINATION WAS NOT OVERTURNED ON
THE  APPEAL,  IF ANY, TAKEN FROM SUCH DETERMINATION, SHALL BE SUBJECT TO
TRANSFER TO A STATE CORRECTIONAL INSTITUTION. THE COMMISSIONER,  AS  THE
CHIEF ADMINISTRATIVE OFFICER, SHALL WITHIN TWO DAYS OF THE EXPIRATION OF
THE  PERIOD OF TIME FOR SUCH INMATE TO APPEAL FROM SUCH DETERMINATION OR
THE DENIAL OF SUCH INMATE'S APPEAL, WHICHEVER IS LATER, SUBMIT A WRITTEN
REQUEST TO THE COMMISSION OF CORRECTION FOR A SUBSTITUTE JAIL ORDER  FOR
SUCH  INMATE.  UPON  RECEIPT OF SUCH REQUEST, THE COMMISSION SHALL ISSUE
THE REQUESTED SUBSTITUTE JAIL ORDER WITHIN  TWO  DAYS  AND  SUCH  INMATE
SHALL  BE  TRANSFERRED TO A STATE CORRECTIONAL INSTITUTION IN ACCORDANCE
WITH THE RULES AND REGULATIONS PROMULGATED BY THE  COMMISSION  GOVERNING
THE  TEMPORARY  TRANSFER  OF  INMATES TO STATE CORRECTIONAL INSTITUTIONS
FROM COUNTY JAILS, AND IF  NO  SUCH  RULES  AND  REGULATIONS  HAVE  BEEN
PROMULGATED, SUCH INMATE SHALL BE TRANSFERRED TO THE NEAREST CORRECTION-
AL  FACILITY,  TO  THE  MAXIMUM  EXTENT PRACTICABLE, TAKING INTO ACCOUNT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04406-01-5

S. 3238                             2

NECESSARY SECURITY UNTIL SUCH INMATE IS NO LONGER IN THE CUSTODY OF  THE
COMMISSIONER.
  2.  WHEN THE DISTANCE BETWEEN THE CITY OF NEW YORK CORRECTIONAL INSTI-
TUTION FROM WHICH AN INMATE IS TRANSFERRED AND  THE  STATE  CORRECTIONAL
INSTITUTION TO WHICH AN INMATE IS TRANSFERRED EXCEEDS ONE HUNDRED MILES,
SUCH  INMATE  SHALL  BE AFFORDED THE OPPORTUNITY TO MEET WITH HIS OR HER
COUNSEL AT THE STATE CORRECTIONAL FACILITY CLOSEST TO THE  CITY  OF  NEW
YORK. SUCH INMATE SHALL BE TRANSPORTED TO SUCH STATE CORRECTIONAL FACIL-
ITY  TO  MEET WITH HIS OR HER COUNSEL, AND UPON CONCLUSION OF SUCH MEET-
ING, SUCH INMATE SHALL BE TRANSPORTED TO THE STATE CORRECTIONAL FACILITY
TO WHICH HE OR SHE WAS TRANSFERRED PURSUANT TO THIS SECTION.
  3. THE COMMISSIONER OF CORRECTIONS AND  COMMUNITY  SUPERVISION  SHALL,
BASED  ON STANDARDS PROMULGATED BY THE DEPARTMENT, DETERMINE WHETHER THE
CITY OF NEW YORK SHALL REIMBURSE THE STATE FOR ANY OR ALL OF THE  ACTUAL
COSTS  OF CONFINEMENT AS APPROVED BY THE DIRECTOR OF THE DIVISION OF THE
BUDGET.
  4. FOR THE PURPOSES OF THIS SECTION, THE TERM "OFFENSE" SHALL MEAN:
  (A) ASSAULT RESULTING IN THE PHYSICAL INJURY OF ANOTHER PERSON;
  (B) ASSAULT USING A WEAPON, REGARDLESS OF WHETHER SUCH ASSAULT RESULTS
IN PHYSICAL INJURY;
  (C) POSSESSION OF A RAZOR OUTSIDE OF THE HOUSING  AREA  TO  WHICH  THE
POSSESSOR WAS CONFINED;
  (D) RAPE OR SEXUAL ABUSE OF ANOTHER PERSON; OR
  (E) ATTEMPTED RAPE OR SEXUAL ABUSE OF ANOTHER PERSON.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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Senate Bill S3238

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2015-S3238 (ACTIVE) - Details

2015-S3238 (ACTIVE) - Summary

2015-S3238 (ACTIVE) - Sponsor Memo

2015-S3238 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3238

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2015-S3238 (ACTIVE) - Details

2015-S3238 (ACTIVE) - Summary

2015-S3238 (ACTIVE) - Sponsor Memo

2015-S3238 (ACTIVE) - Bill Text download pdf

Comments