NY State Senate Bill 2023-S8692

Senate Bill S8692

2023-2024 Legislative Session

Relates to the use of the Madison and Oneida county correctional facilities; relates to county-tribal detention agreements between the Oneida Indian Nation and Madison county

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2024	referred to crime victims, crime and correction

2023-S8692 (ACTIVE) - Details

See Assembly Version of this Bill:: A9441
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§500-a & 500-c, Cor L; add §853, County L

2023-S8692 (ACTIVE) - Summary

Relates to the use of the Madison and Oneida county correctional facilities; relates to county-tribal detention agreements between the Oneida Indian Nation and Madison county and between the Oneida Indian Nation and Oneida county.

2023-S8692 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8692

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the correction law, in relation to the use of certain
county jails; and to amend the county law, in relation to the legisla-
ture's approval, ratification, validation and confirmation of county-
tribal detention agreements between the Oneida Indian Nation and Madison
county and Oneida county

 
PURPOSE:

This legislation amends the correction law and the county law to allow
the counties of Madison and Oneida to enter into county-tribal detention
agreements with the Oneida Indian Nation to house in their county
correctional facilities inmates remanded by the Oneida Indian Nation
court, and to ratify any such agreements.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 500-a of the correction law adding two new

subdivisions:

2-u: to allow the Madison county correctional facility to be used for
the detention of individuals detained and imprisoned under the authority
and jurisdiction of the Oneida Indian Nation court pursuant to a coun-
ty-tribal detention agreement between Madison county. the Madison county
sheriff and the Oneida Indian Nation; and

2-v: to allow the Oneida county correctional facility to be used for the
detention of individuals detained and imprisoned under the authority and
jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
bal detention agreement between Oneida county, the Oneida county sher-
iff, and the Oneida Indian Nation.

Section 2 amends section 500-c of the correction law adding two new
subdivisions:

27 - which adds a new requirement that the provisions of this section
shall equally apply in any case where the Madison county sheriff is
holding a person under the authority and jurisdiction of the Oneida
Indian Nation court; and

28 - which adds a new requirement that the provisions of this section
shall equally apply in any case where the Oneida county sheriff is hold-
ing a person under the authority and jurisdiction of the Oneida Indian
Nation court.

Section 3 amends the county law adding a new section 853 to ratify the
county-tribal detention agreements executed between Madison and Oneida
counties and the Oneida Indian Nation.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Although there are 574 federally recognized Indian tribes, there are
only approximately 90 detention centers throughout Indian Country. To
support public safety in Indian Country, counties throughout the United
States contract with Indian nations to house tribal prisoners who are
detained or incarcerated through their tribal justice centers. This
legislation amends the correction law and the county law to authorize
the counties of Madison and Oneida to enter into county-tribal detention
agreements with the Oneida Indian Nation to house in their county
correctional facilities inmates remanded by the Oneida Indian Nation
court and to ratify any such agreements. Key characteristics of the
Oneida Indian Nation's criminal justice system that support the enact-
ment of particularized legislation approving the county-tribal detention
agreements include, among others: (i) the 2013 Agreement between Oneida,
the State of New York, Madison county and Oneida county, including state
and county recognition of the Oneida police department, (ii) special law
enforcement commissions issued by the U.S. Department of Interior to the
Oneida Indian Nation police department and the concomitant federal over-
sight that accompanies those commissions, (iii) cross-deputization
 of Oneida Indian Nation police officers by the Madison county sheriff
and Oneida county sheriff, (iv) the Oneida Indian Nation court's compli-
ance with the federal Indian Civil Rights Act, and (v) the Oneida Indian
Nation police department's accreditation by the Commission on Accredi-
tation of Law Enforcement Agencies.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8692 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8692
 
                             I N  S E N A T E
 
                               March 1, 2024
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 the use of certain
   county jails; and to amend the county law, in relation to the legisla-
   ture's approval, ratification, validation and confirmation of  county-
   tribal detention agreements between the Oneida Indian Nation and Madi-
   son county and Oneida county
 
   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
 two new subdivisions 2-u and 2-v to read as follows:
   2-U. THE MADISON COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE
 DETENTION OF INDIVIDUALS DETAINED AND IMPRISONED UNDER THE AUTHORITY AND
 JURISDICTION OF THE ONEIDA INDIAN NATION COURT PURSUANT TO A COUNTY-TRI-
 BAL DETENTION AGREEMENT BETWEEN THE COUNTY OF MADISON, THE MADISON COUN-
 TY  SHERIFF  AND  THE  ONEIDA  INDIAN  NATION  PURSUANT TO SECTION EIGHT
 HUNDRED FIFTY-THREE OF THE COUNTY LAW.
   2-V. THE ONEIDA COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR  THE
 DETENTION OF INDIVIDUALS DETAINED AND IMPRISONED UNDER THE AUTHORITY AND
 JURISDICTION OF THE ONEIDA INDIAN NATION COURT PURSUANT TO A COUNTY-TRI-
 BAL  DETENTION AGREEMENT BETWEEN THE COUNTY OF ONEIDA, THE ONEIDA COUNTY
 SHERIFF AND THE ONEIDA INDIAN NATION PURSUANT TO SECTION  EIGHT  HUNDRED
 FIFTY-THREE OF THE COUNTY LAW.
   §  2. Section 500-c of the correction law is amended by adding two new
 subdivisions 27 and 28 to read as follows:
   27. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF MADI-
 SON ALL THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN  ANY  CASE
 WHERE  THE SHERIFF IS HOLDING A PERSON UNDER THE AUTHORITY AND JURISDIC-
 TION OF THE ONEIDA INDIAN  NATION  COURT  PURSUANT  TO  A  COUNTY-TRIBAL
 DETENTION  AGREEMENT  BETWEEN  THE COUNTY OF MADISON, THE MADISON COUNTY
 SHERIFF AND THE ONEIDA INDIAN NATION PURSUANT TO SECTION  EIGHT  HUNDRED
 FIFTY-THREE  OF  THE  COUNTY  LAW, AS IF SUCH PERSON HAD BEEN JUDICIALLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14702-02-4

 S. 8692                             2
 
 COMMITTED TO THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE  HELD  IN
 THE MADISON COUNTY CORRECTIONAL FACILITY.
   28. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF ONEI-
 DA  ALL  THE  PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE
 WHERE THE SHERIFF IS HOLDING A PERSON UNDER THE AUTHORITY AND  JURISDIC-
 TION  OF  THE  ONEIDA  INDIAN  NATION  COURT PURSUANT TO A COUNTY-TRIBAL
 DETENTION AGREEMENT BETWEEN THE COUNTY  OF  ONEIDA,  THE  ONEIDA  COUNTY
 SHERIFF  AND  THE ONEIDA INDIAN NATION PURSUANT TO SECTION EIGHT HUNDRED
 FIFTY-THREE OF THE COUNTY LAW, AS IF SUCH  PERSON  HAD  BEEN  JUDICIALLY
 COMMITTED  TO  THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN
 THE ONEIDA COUNTY CORRECTIONAL FACILITY.
   § 3. The county law is amended by adding a new section 853 to read  as
 follows:
   §  853.  COUNTY-TRIBAL DETENTION AGREEMENTS. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, UPON FILING WITH THE SECRETARY OF STATE,  THE  COUNTY-
 TRIBAL DETENTION AGREEMENTS EXECUTED BETWEEN THE COUNTIES OF MADISON AND
 ONEIDA  AND THE ONEIDA INDIAN NATION SHALL UPON THEIR EFFECTIVE DATES BE
 DEEMED APPROVED, RATIFIED, VALIDATED AND CONFIRMED BY  THE  LEGISLATURE.
 IT  IS  THE  INTENTION  OF  THE  LEGISLATURE IN ENACTING THIS SECTION TO
 ENSURE THAT SUCH  COUNTY-TRIBAL  DETENTION  AGREEMENTS  SHALL  BE  FULLY
 ENFORCEABLE IN ALL RESPECTS AS TO THE RIGHTS, BENEFITS, RESPONSIBILITIES
 AND PRIVILEGES OF ALL PARTIES THERETO.
   §  4.  This  act shall take effect immediately; provided, however that
 the amendments 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.

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