S T A T E O F N E W Y O R K
________________________________________________________________________
1666
2023-2024 Regular Sessions
I N S E N A T E
January 13, 2023
___________
Introduced by Sens. BAILEY, BRESLIN, MYRIE, SALAZAR, SEPULVEDA -- 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, 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
contiguous county. Further, a person taken into custody pursuant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05080-01-3
S. 1666 2
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.