NY State Senate Bill 2019-S6277

Senate Bill S6277

2019-2020 Legislative Session

Authorizes the Monroe county jail to be used for the detention of persons under arrest for arraignment in any court in the county of Monroe

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction returned to senate died in assembly
Jun 19, 2019	referred to correction
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1584 committee discharged and committed to rules
May 31, 2019	referred to crime victims, crime and correction

Votes

- Jun 18, 2019 - Floor Vote
  S6277
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 18, 2019 - Rules Committee Vote
  S6277
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

2019-S6277 (ACTIVE) - Details

See Assembly Version of this Bill:: A8110
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§500-a & 500-c, Cor L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A1020
2023-2024: A327

2019-S6277 (ACTIVE) - Summary

Authorizes the Monroe county jail to be used for the detention of persons under arrest for arraignment in any court in the county of Monroe.

2019-S6277 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6277

SPONSOR: ROBACH
 
TITLE OF BILL:  An act to amend the correction law, in relation to
authorizing the Monroe county jail to be used for the detention of
persons under arrest for arraignment in any court in the county of
Monroe

 
PURPOSE::

To allow the Monroe County Jail to hold persons who are under arrest
prior to their arraignment.

 
SUMMARY::

Section 1: Amends section 500-a of the correction law by adding a new
subdivision 2-t to read: The Monroe County Jail may also be used for the
detention of persons under arrest being held for arraignment in any
court located in the County of Monroe.

Section 2: Amends section 500-c to read: notwithstanding any other

provisions of law, in the county of Monroe all the provisions of this
shall equally apply in any case where the sheriff is holding a person
under arrest for arraignment prior to commitment, as if such person had
been judicially committed to the custody of the sheriff and such person
may be held in the Broome County Correctional Facility.

Sections 3. Establishes the effective date.

 
JUSTIFICATION::

The Monroe County Sheriff has requested a change in State law which
would allow for pre-arraignment detention of all individuals arrested in
Monroe County at the Monroe County Jail. This legislation would allow
times to be set, twice a day, for when arraignments would be conducted,
by having set times the Public Defender's Office could cover every
arraignment that occurs in the county and provide critical legal repre-
sentation and counsel to every individual arrested in the County.
Currently, the Public Defender's office must travel to every Town,
Village, City court in order to represent individuals and sometimes
arraignments must be postpone due to the office being unable to cover
every court.

This change in law would ensure that all individuals awaiting arraign-
ment are provided with legal counsel, as arraignments have been deemed
by the Court of Appeals to be an integral stage of any criminal case
requiring legal counsel to be present. If no counsel is present, the
individual cannot be arraigned and will need to be continued to be
detained. This change in law would also provide efficient use of
strained law enforcement resources.

This change in law would not only provide for the use of shared services
within the County, but also furthered the stated criminal justice
reforms initiatives.

 
LEGISLATIVE HISTORY::

This is new legislation.

 
FISCAL IMPLICATIONS::

This legislation will have no fiscal implications for the State.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2019-S6277 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6277
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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 authorizing the
   Monroe county jail to be used  for  the  detention  of  persons  under
   arrest for arraignment in any court in the county of Monroe
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 500-a of the correction law is amended by adding  a
 new subdivision 2-t to read as follows:
   2-T.  THE  MONROE  COUNTY  JAIL  MAY ALSO BE USED FOR THE DETENTION OF
 PERSONS UNDER ARREST BEING HELD FOR ARRAIGNMENT IN ANY COURT LOCATED  IN
 THE COUNTY OF MONROE.
   §  2.  Section  500-c of the correction law is amended by adding a new
 subdivision 26 to read as follows:
   26. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  IN  THE  COUNTY  OF
 MONROE  ALL OF THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY
 CASE WHERE THE SHERIFF IS HOLDING A PERSON UNDER ARREST FOR  ARRAIGNMENT
 PRIOR  TO COMMITMENT, AS IF SUCH PERSON HAD BEEN JUDICIALLY COMMITTED TO
 THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE  HELD  IN  THE  MONROE
 COUNTY JAIL.
   §  3.  This act shall take effect immediately, provided, however, that
 the amendment to section 500-c of the correction law made by section two
 of this act shall not affect the repeal of such  section  and  shall  be
 deemed repealed therewith.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13088-01-9

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