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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jun 20, 2018 |
committed to rules |
| Apr 23, 2018 |
advanced to third reading |
| Apr 18, 2018 |
2nd report cal. |
| Apr 17, 2018 |
1st report cal.775 |
| Jan 23, 2018 |
reported and committed to finance |
| Jan 03, 2018 |
referred to crime victims, crime and correction returned to senate died in assembly |
| Jun 19, 2017 |
referred to correction delivered to assembly passed senate ordered to third reading cal.1839 |
| Jun 06, 2017 |
reported and committed to rules |
| Jan 30, 2017 |
reported and committed to finance |
| Jan 04, 2017 |
referred to crime victims, crime and correction |
Senate Bill S449
2017-2018 Legislative Session
Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 19, 2017
aye (45)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Croci
- DeFrancisco
- Felder
- Flanagan
- Funke
- Gallivan
- Golden
- Griffo
- Hannon
- Helming
- Jacobs
- Kaminsky
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Murphy
- O'Mara
- Ortt
- Phillips
- Ranzenhofer
- Ritchie
- Robach
- Savino
- Serino
- Seward
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
nay (17)excused (1)
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Jun 19, 2017 - Rules Committee Vote
S44918Aye6Nay1Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 19, 2017
aye (18)aye wr (1)
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Apr 17, 2018 - Finance Committee Vote
S44927Aye10Nay0Aye with Reservations0Absent0Excused0AbstainedJun 6, 2017 - Finance Committee Vote
S44928Aye8Nay1Aye with Reservations0Absent0Excused0AbstainedJan 23, 2018 - Crime Victims, Crime And Correction Committee Vote
S4497Aye5Nay0Aye with Reservations0Absent1Excused0AbstainedJan 30, 2017 - Crime Victims, Crime And Correction Committee Vote
S4497Aye5Nay0Aye with Reservations0Absent1Excused0Abstained -
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2017-S449 (ACTIVE) - Details
2017-S449 (ACTIVE) - Sponsor Memo
BILL NUMBER: S449
TITLE OF BILL : An act to amend the executive law, in relation to
temporary detention of persons whose presumptive release, parole,
conditional release or post-release supervision alleged to have
violated the terms of their release
PURPOSE :
This bill would limit the temporary detention of defendants in
violation of their release in a local correctional facility to three
days before their transfer to state custody.
SUMMARY OF PROVISIONS :
Section 1: amends subparagraph (i) of paragraph (a) of subdivision 3
of section 259-i of the Executive law, as amended by Chapter 545 of
the laws of 2015, to provide that parole violators who are placed in
the temporary detention of a local correctional facility shall be held
no longer than 72 hours before they must be transferred to a state
correctional facility for further temporary detention.
Section 2: Sets forth the effective date.
JUSTIFICATION :
This bill would provide mandate relief for County government by providing that an alleged state parole violator must be transferred to a state correctional facility within 72 hours of his original detention in the county facility within the county where he was arrested. In the 1990s the New York State Executive law was amended to require that the County, rather than the State, provide housing for state parole violators who are arrested in a specific county. This change was made because, at that time, state correctional facilities were overcrowded. Over the years New York's state facility prisoner population has lessened resulting in the recent downsizing of state facilities. Counties, however, are still required to maintain state parole violators at a time when County budgets are strained and the costs associated with maintaining alleged state parole violators has skyrocketed. The costs of housing prisoners with medical conditions requiring specialized care and prescription drugs can have a large impact upon county budgets. These prisoners can often remain within the local facility for extended periods of time as their requests for parole hearing extensions are granted. This bill will restore the responsibility for housing and caring for alleged parole violators back to the state and will help alleviate the burden upon county taxpayers. LEGISLATIVE HISTORY : 2015,2016: S.2064B Passed Senate 2013,2014: S.2612 Passed Senate 2012: S.6739/A.10237 Referred to Crimes Victims, Crime and Correction FISCAL IMPACT : Counties affected by this legislation will experience significant cost reductions while the State Department of Corrections will experience additional costs. It is anticipated there will be an overall reduction in costs due to more detainee time being spent in a state facility with less overall associated cost than a county facility. EFFECTIVE DATE : This act shall take effect 120 days after enactment.
2017-S449 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
449
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sen. YOUNG -- 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 executive law, in relation to temporary detention of
persons whose presumptive release, parole, conditional release or
post-release supervision alleged to have violated the terms of their
release
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of
section 259-i of the executive law, as amended by chapter 545 of the
laws of 2015, is amended to read as follows:
(i) If the parole officer having charge of a presumptively released,
paroled or conditionally released person or a person released to post-
release supervision or a person received under the uniform act for out-
of-state parolee supervision shall have reasonable cause to believe that
such person has lapsed into criminal ways or company, or has violated
one or more conditions of his presumptive release, parole, conditional
release or post-release supervision, such parole officer shall report
such fact to a member of the board, or to any officer of the department
designated by the board, and thereupon a warrant may be issued for the
retaking of such person and for his temporary detention in accordance
with the rules of the board unless such person has been determined to be
currently unfit to proceed to trial or is currently subject to a tempo-
rary or final order of observation pursuant to article seven hundred
thirty of the criminal procedure law, in which case no warrant shall be
issued. The retaking and detention of any such person may be further
regulated by rules and regulations of the department not inconsistent
with this article. A warrant issued pursuant to this section shall
constitute sufficient authority to the superintendent or other person in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05752-01-7
S. 449 2
charge of any jail, penitentiary, lockup or detention pen to whom it is
delivered to hold in temporary detention the person named therein, AND
THE PERIOD OF TEMPORARY DETENTION IN THE CUSTODY OF SUCH LOCAL CORREC-
TIONAL FACILITY SHALL NOT EXCEED SEVENTY-TWO HOURS AND THEREAFTER THE
PERSON SHALL BE TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT TO BE HELD
IN TEMPORARY CUSTODY; except that a warrant issued with respect to a
person who has been released on medical parole pursuant to section two
hundred fifty-nine-r of this article and whose parole is being revoked
pursuant to paragraph (h) of subdivision four of such section shall
constitute authority for AND REQUIRE the immediate placement of the
parolee only into imprisonment in the custody of the department to hold
in temporary detention. A warrant issued pursuant to this section shall
also constitute sufficient authority to the person in charge of a drug
treatment campus, as defined in subdivision twenty of section two of the
correction law, to hold the person named therein, in accordance with the
procedural requirements of this section, for a period of at least ninety
days to complete an intensive drug treatment program mandated by the
board as an alternative to presumptive release or parole or conditional
release revocation, or the revocation of post-release supervision, and
shall also constitute sufficient authority for return of the person
named therein to local custody to hold in temporary detention for
further revocation proceedings in the event said person does not
successfully complete the intensive drug treatment program. The board's
rules shall provide for cancellation of delinquency and restoration to
supervision upon the successful completion of the program.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be promulgated,
amended and/or repealed on or before such date.
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