S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2978
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on 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:
   § 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
 NECESSARY SECURITY UNTIL SUCH INMATE IS NO LONGER IN THE CUSTODY OF  THE
 COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04213-01-7

 A. 2978                             2
 
   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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.