BILL NUMBER:  S1423

 TITLE OF BILL :
An act to amend the correction law, in relation to reimbursing
localities for the cost of maintaining custody of state-ready
prisoners


 PURPOSE :
Localities are currently reimbursed at a rate not to exceed $40 per
day per capita, for maintaining a person convicted of a felony whose
sentence has been pronounced, which requires that he be committed to
the custody of the commissioner; and who has not been accepted for
custody by the commissioner within five days of receipt of written
notification.  This bill would provide for reimbursement of the
localities actual per day per capita cost/as determined by the
Director of the State Budget.

 SUMMARY OF PROVISIONS :
The bill amends Section 601-c (2) of the Correction Law by increasing
the reimbursement rate for housing "state ready" prisoners. The rate
was last adjusted from $20.00 to $40.00 per day per capita by Chapter
262 of the Laws of 1987. Reimbursement would be paid by the State at
the actual per day per capita cost for care and custody of such
prisoners, as certified by appropriate local official and approved by
the State Director of the Budget. Reimbursement would be calculated
              

beginning with the first day of receipt of written notification by the
department.

 JUSTIFICATION :
The current reimbursement rate is far below the actual cost New York
City and the State's 57 other counties incur for housing "state ready"
prisoners. These are convicted felons who have been sentenced and
committed to the State Department of Correctional Services. Once a
locality is prepared to transport these inmates to a state facility
they notify the department. The current reimbursement rate is $40 per
day per capita, which is about one third of the actual cost. There are
about 1000 inmates in this category, with the difference between
actual cost and reimbursement being in excess of $30,000/000 per year.

Reimbursement takes effect when an inmate has not been accepted by the
commissioner within five days of receipt of written notification.
There is no reimbursement to localities when the State takes custody
of prisoners promptly. When the State fails to do so, they are
imposing an undue financial burden on localities. New York City and
the counties are required to house these inmates who are rightfully
the responsibility of the State, and are not being reimbursed for
their actual cost. This ~s an unfunded mandate and a shifting of
financial responsibility from the State to New York City and the
State's other counties. The low reimbursement rate serves as a
disincentive for the State to effect a timely transfer of inmates to
State facilities. This bill would rectify current inequity by
providing for reimbursement of the actual costs, as approved by the
State Director of the Budget.

 LEGISLATIVE HISTORY :;
2007-08: A.4959/S.2813 Referred to correction
2005-06: A.4419/A.4983 Referred to correction
2003-04: A.879 Referred to correction
2002:    A.3618 Referred to Correction
2000:    A.10274 Referred to correction

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of September next succeeding
the date on which it shall have become a law and shall apply to costs
incurred by cities and counties on and after such date.