NY State Senate Bill 2009-S1424

Senate Bill S1424

2009-2010 Legislative Session

Relates to reimbursing localities for the cost of maintaining custody of parole violators and certain other persons

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Jan 30, 2009	referred to crime victims, crime and correction

2009-S1424 (ACTIVE) - Details

See Assembly Version of this Bill:: A4086
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L

2009-S1424 (ACTIVE) - Summary

Provides for reimbursement to localities for the cost associated with providing care for parole violators, persons under post-release supervision and conditionally released persons who have been placed in custody in local facilities.

2009-S1424 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1424

 TITLE OF BILL :
An act to amend the executive law, in relation to reimbursing
localities for the cost of maintaining custody of parole violators and
certain other persons


 PURPOSE :
Localities are currently reimbursed at a rate not to .exceed forty
dollars per day per capita for housing paroled, post-release
supervised or conditionally released persons who have violated the
conditions of their parole or release. This bill would provide for
reimbursement of the localities' actual costs, as determined by the
Director of the State Budget.

 SUMMARY OF PROVISIONS :
The bill amends Section 259-i (3) (a) (ii) of the Executive Law to
provide for reimbursement to localities for the cost associated with
providing care for parole violators, persons under post-release
supervision and conditionally released persons who have been placed in
custody in local facilities.

 JUSTIFICATION :
The current reimbursement rate is far below the actual cost the cities
and counties incur for housing "parole violators." Localities are

reimbursed at a rate not to exceed forty dollars per day per capita
for the temporary detention of paroled, post- release supervised or
conditionally released persons who have violated the conditions of
their parole or release. These inmates are held in local correctional
facilities on warrants issued by the NYS Division of Parole for
alleged violation.of the conditions of release. The reimbursement rate
was last increased in 1987, over a dozen years ago, and covers only a
fraction of the actual per day per capita cost incurred by localities
to detain these individuals for the State. It is for the convenience
of the State that these inmates are held in local correctional
facilities. There are over twenty-two hundred "parole violators" in
New York City correctional facilities at a cost in excess of a hundred
million dollars. The current maximum reimbursement rate is only about
one-third of the actual cost.

 LEGISLATIVE HISTORY :
2007-08, A.4960/S.2812 Referred to Correction 2007 and 2008.
2005-06, S.4418/A.4987
2003-04, A.878.
2002, A.3620.
2000, A.10273.

 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.

2009-S1424 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1424                                                  A. 4086

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 30, 2009
                               ___________

IN  SENATE -- Introduced by Sen. VOLKER -- read twice and ordered print-
  ed, and when printed  to  be  committed  to  the  Committee  on  Crime
  Victims, Crime and Correction

IN  ASSEMBLY -- Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M.
  of A. GALEF, PAULIN -- read once and  referred  to  the  Committee  on
  Correction

AN ACT to amend the executive law, in relation to reimbursing localities
  for  the  cost  of maintaining custody of parole violators and certain
  other persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 3 of
section 259-i of the executive law, as amended by chapter 7 of the  laws
of 2007, is amended to read as follows:
  (ii)  Whenever  a  presumptively  released,  paroled  or conditionally
released person or a person under post-release supervision or a prisoner
received under the uniform act for out-of-state parolee supervision has,
pursuant to  this  paragraph,  or  whenever  a  person  confined  during
proceedings  pursuant  to article ten of the mental hygiene law has been
placed in any county jail or penitentiary, or a city prison operated  by
a  city  having a population of one million or more inhabitants, for any
period that such person is not detained pursuant to commitment based  on
an  indictment, an information, a simplified information, a prosecutor's
information, a misdemeanor complaint or a felony  complaint,  an  arrest
warrant  or a bench warrant, or any order by a court of competent juris-
diction, the state shall pay to the city or county operating such facil-
ity the actual per day per capita  cost  as  certified  to  the  [state]
commissioner  of correctional services by the appropriate local official
for the care of such person and as approved by the director of the budg-
et. [The reimbursement rate shall not, however,  exceed  thirty  dollars

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04421-01-9

S. 1424                             2                            A. 4086

per day per capita and forty dollars per day per capita on and after the
first day of April, nineteen hundred eighty-eight.]
  S  2.  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.