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Assembly Bill A4490

2017-2018 Legislative Session

Requires parole violators to be transferred to state correctional facilities after 10 days in a local correctional facility

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Archive: Last Bill Status - In Assembly Committee

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2017-A4490 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §23-a, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8484
2013-2014: A5887
2015-2016: A8484
2019-2020: A3828

2017-A4490 (ACTIVE) - Summary

Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period.

2017-A4490 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4490
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to parole violators
 
   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 23-a
 to read as follows:
   § 23-A. TRANSFER OF PAROLE VIOLATORS. 1. IF ANY  PERSON  PRESUMPTIVELY
 RELEASED,  PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO POST-RELEASE
 SUPERVISION, OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE  PAROLEE
 SUPERVISION  SHALL  HAVE  BEEN ARRESTED FOR VIOLATING ONE OR MORE CONDI-
 TIONS OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE  OR
 POST-RELEASE  SUPERVISION,  SUCH  PERSON, AFTER TEN BUSINESS DAYS IN ANY
 LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
   A. TRANSFERRED TO A STATE CORRECTIONAL FACILITY, WITH  THE  COSTS  AND
 RESPONSIBILITIES  ASSOCIATED  WITH SUCH TRANSFER BORNE BY THE DEPARTMENT
 PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
   B. KEPT IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE  COUNTY'S  COSTS
 OF  SUCH  TEMPORARY  DETAINMENT  REIMBURSED BY THE DEPARTMENT WHERE SUCH
 PERSON HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS  BEEN
 PRONOUNCED  WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF
 THE COMMISSIONER.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO
 REMAIN  IN  THE  LOCAL  CORRECTIONAL  FACILITY FOR UP TO TWENTY DAYS PER
 EXTENSION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized to be made on or before such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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