NY State Senate Bill 2019-S6267A

Senate Bill S6267A

2019-2020 Legislative Session

Authorizes Greene county to enter into an agreement with a contiguous county to share the construction, financing, improvement and/or maintenance of a county jail

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Archive: Last Bill Status - In Senate Committee Local Government 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jun 03, 2019	print number 6267a
Jun 03, 2019	amend (t) and recommit to local government
May 31, 2019	referred to local government

Bill Amendments

Original

A (Active)

2019-S6267 - Details

See Assembly Version of this Bill:: A7968
Current Committee:: Senate Local Government
Law Section:: Greene County
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3511
2023-2024: S1666

2019-S6267 - Summary

Authorizes Greene county to enter into an agreement with a contiguous county to share the construction, financing, improvement and/or maintenance of a county jail.

2019-S6267 - Sponsor Memo

2019-S6267 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6267
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to authorizing Greene county to enter into an  agree-
   ment  with  a  contiguous county to share the construction, financing,
   improvement and/or maintenance of a county jail

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  (a)  Notwithstanding  any  inconsistent provision of law,
 Greene county may enter into an agreement with a  contiguous  county  to
 share  the  construction, financing, improvement and/or maintenance of a
 county jail. Any such shared county jail shall be physically located  in
 Greene  county or such contiguous county. Any agreement made pursuant to
 this section shall be in accordance with the provisions of  article  5-G
 of the general municipal law. For the purposes of this section, the term
 "contiguous  county"  shall,  with respect to counties, mean and include
 "contiguous" as described (with respect to towns and villages) in subdi-
 vision 4 of section 750 of the general municipal law.
   (b) A shared county jail established pursuant to this section shall be
 considered the county jail of Greene county and such  contiguous  county
 for  the  purposes  of any relevant provision of law and be considered a
 local correctional facility, as such term is defined in  subdivision  16
 of section 2 of the correction law, for all purposes.
   (c)  For  purposes  of subdivision 2 of section 70.20 of the penal law
 and any other relevant provision of the criminal procedure law  and  any
 other  law, such shared county jail shall be considered to be located in
 Greene county and such contiguous county and be  considered  the  county
 jail  of  the  county  for  all courts located in Greene county and such
 contiguous county.  Further, a person taken  into  custody  pursuant  to
 paragraph (b) of subdivision 3 of section 259-i of the executive law may
 be  incarcerated  in  such shared county jail for an arrest occurring in
 Greene county or such contiguous county and, if a local revocation hear-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13047-01-9

 S. 6267                             2
 
 ing is to be held pursuant to paragraph (e) of such subdivision  3,  the
 location  of  such shared county jail shall be considered in determining
 whether such facility is  reasonably  near  the  place  of  the  alleged
 violation or arrest.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S6267A (ACTIVE) - Details

See Assembly Version of this Bill:: A7968
Current Committee:: Senate Local Government
Law Section:: Greene County
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3511
2023-2024: S1666

2019-S6267A (ACTIVE) - Summary

Authorizes Greene county to enter into an agreement with a contiguous county to share the construction, financing, improvement and/or maintenance of a county jail.

2019-S6267A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6267A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act in relation to authorizing Greene county to
enter into an agreement with a contiguous county to share the
construction, financing, improvement, maintenance and/or housing of
persons in the custody of the sheriff of a county jail

 
JUSTIFICATION:

In February 2018, the New York State Commission of correction issued a
report to Governor Cuomo in which it deemed the Greene County Jail in
Catskill one as the five most problematic jails in New York State.
Constructed in the early 1900s, the report noted the extensive physical
deterioration of the facility and recommended that it be replaced. The
following April, inmates were transferred to jails in surrounding coun-
ties and the facility was closed. In September, the Greene County Legis-
lature voted to approve the construction of a $47 million dollar jail.
Since then, citing the expense of the new facility and increased cost to
local tax payers, some residents have called instead for the creation of
a regional jail to be shared with a neighboring county.

New York State and County law require that each county maintain a jail,
but it is unclear as to whether each county must maintain its own facil-
ity or whether paying into a regional facility would satisfy the legal
requirement. This measure would authorize Green County to enter into an
agreement with a neighboring county to share the construction, financ-
ing, improvement and/or maintenance of a county jail.

Historically low, the Greene County inmate population will likely shrink
further under the State's new bail reform laws. Allowing the County to
share the expense of housing inmates with a neighboring county will ease
the tax burden on local residents now and in the future, as well as
allow the money earmarked for the project to be used in other useful
ways.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
Immediately

2019-S6267A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6267--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT in relation to authorizing Greene county to enter into an  agree-
   ment  with  a  contiguous county to share the construction, financing,
   improvement, maintenance and/or housing of persons in the  custody  of
   the sheriff of a county jail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. (a) Notwithstanding  any  inconsistent  provision  of  law,
 Greene  county  may  enter into an agreement with a contiguous county to
 share the construction, financing, improvement, maintenance and/or hous-
 ing of persons in the custody of the sheriff of a county jail. Any  such
 shared  county jail shall be physically located in Greene county or such
 contiguous county. Any agreement made pursuant to this section shall  be
 in  accordance with the provisions of article 5-G of the general munici-
 pal law. For the purposes of this section, the term "contiguous  county"
 shall,  with  respect  to  counties,  mean  and  include "contiguous" as
 described (with respect to towns  and  villages)  in  subdivision  4  of
 section 750 of the general municipal law.
   (b) A shared county jail established pursuant to this section shall be
 considered  the  county jail of Greene county and such contiguous county
 for the purposes of any relevant provision of law and  be  considered  a
 local  correctional  facility, as such term is defined in subdivision 16
 of section 2 of the correction law, for all purposes.
   (c) For purposes of subdivision 2 of section 70.20 of  the  penal  law
 and  any  other relevant provision of the criminal procedure law and any
 other law, such shared county jail shall be considered to be located  in
 Greene  county  and  such contiguous county and be considered the county
 jail of the county for all courts located  in  Greene  county  and  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13047-03-9

 S. 6267--A                          2
 
 contiguous  county.    Further,  a person taken into custody pursuant to
 paragraph (b) of subdivision 3 of section 259-i of the executive law may
 be incarcerated in such shared county jail for an  arrest  occurring  in
 Greene county or such contiguous county and, if a local revocation hear-
 ing  is  to be held pursuant to paragraph (e) of such subdivision 3, the
 location of such shared county jail shall be considered  in  determining
 whether  such  facility  is  reasonably  near  the  place of the alleged
 violation or arrest.
   § 2. This act shall take effect immediately.

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Senate Bill S6267A

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Sponsored By

Jamaal T. Bailey