NY State Senate Bill 2011-S6739

Senate Bill S6739

2011-2012 Legislative Session

Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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
May 01, 2012	reported and committed to finance
Mar 15, 2012	referred to crime victims, crime and correction

Votes

- May 1, 2012 - Crime Victims, Crime And Correction Committee Vote
  S6739
  
  10
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 1, 2012
      
      aye (10)
      
      DeFrancisco
      
      Espaillat
      
      Gallivan
      
      Griffo
      
      Kennedy
      
      Little
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Ritchie
      
      nay (3)
      
      Hassell-Thompson
      
      Montgomery
      
      Rivera
      
      aye wr (1)
      
      Peralta

2011-S6739 (ACTIVE) - Details

See Assembly Version of this Bill:: A10237
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2612
2015-2016: S2064
2017-2018: S449
2019-2020: S974, S4761

2011-S6739 (ACTIVE) - Summary

Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody.

2011-S6739 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6739

TITLE OF BILL:
An act to amend the executive law, in relation to temporary detention of
persons  whose presumptive release, parole, conditional release or post-
release supervision alleged to have violated the terms of their release

PURPOSE:
This bill would limit the temporary detention of defendants in violation
of their release in a local correctional facility to three  days  before
their transfer to state custody.

SUMMARY OF PROVISIONS:
Section 1. The bill amends subparagraph (i) of paragraph (a) of subdivi-
sion  3  of  section  259-I  of the Executive law to provide that parole
violators who are placed in the temporary detention of a  local  correc-
tional  facility  shall be held no longer than 72 hours before they must
be transferred to a state correctional facility  for  further  temporary
detention.

JUSTIFICATION:
This  bill would provide mandate relief for County government by provid-
ing that an alleged state parole violator must be transferred to a state
correctional facility within 72 hours of his original detention  in  the
county facility within the county where he was arrested.

In  the  1990s  the  New York state Executive law was amended to require
that the County, rather than the State provide housing for state  parole
violators  who  are  arrested in a specific county. This change was made
because, at that time, state correctional facilities  were  overcrowded.
Over  the  years New York's state facility prisoner population has less-
ened resulting in the recent downsizing of state facilities.

Counties, however, are still required to maintain state parole violators
at a time when County budgets are strained and the costs associated with
maintaining alleged state parole violators has skyrocketed. The costs of
housing prisoners with medical conditions requiring specialized care and
prescription drugs can have a large impact upon  county  budgets.  These
prisoners  can often remain within the local facility for extended peri-
ods of time as their requests for parole hearing extensions are granted.

This bill will restore the responsibility for  housing  and  caring  for
state alleged parole violators back to the state and will help alleviate
the burden upon county taxpayers.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPACT:
Counties  effected  by this legislation will experience significant cost
reductions while the State Department  of  Corrections  will  experience

additional  costs.  It is anticipated there will be an overall reduction
in costs due to more detainee time being spent in a state facility  with
less overall associated cost than a county facility.

EFFECTIVE DATE:
This act shall take effect 120 days after enactment.

2011-S6739 (ACTIVE) - Bill Text download pdf

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

                                  6739

                            I N  S E N A T E

                             March 15, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 executive law, in relation to temporary detention of
  persons  whose  presumptive  release,  parole,  conditional release or
  post-release supervision alleged to have violated the terms  of  their
  release

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

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
section  259-i  of  the  executive  law, as amended by section 38-f-1 of
subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  (i)  If  the parole officer having charge of a presumptively released,
paroled or conditionally released person or a person released  to  post-
release  supervision or a person received under the uniform act for out-
of-state parolee supervision shall have reasonable cause to believe that
such person has lapsed into criminal ways or company,  or  has  violated
one  or  more conditions of his presumptive release, parole, conditional
release or post-release supervision, such parole  officer  shall  report
such  fact to a member of the board, or to any officer of the department
designated by the board, and thereupon a warrant may be issued  for  the
retaking  of  such  person and for his temporary detention in accordance
with the rules of the board. The retaking  and  detention  of  any  such
person  may be further regulated by rules and regulations of the depart-
ment not inconsistent with this article. A warrant  issued  pursuant  to
this section shall constitute sufficient authority to the superintendent
or other person in charge of any jail, penitentiary, lockup or detention
pen  to  whom  it is delivered to hold in temporary detention the person
named therein; except that a warrant issued with respect to a person who
has been released on medical parole  pursuant  to  section  two  hundred
fifty-nine-r  of this article and whose parole is being revoked pursuant
to paragraph (h) of subdivision four of such section  shall  [constitute
authority  for] REQUIRE the immediate placement of the parolee only into

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

                                                           LBD15022-02-2

S. 6739                             2

imprisonment in the custody of  the  department  to  hold  in  temporary
detention.    IN  INSTANCES  IN WHICH SUCH PERSON HAS BEEN PLACED IN THE
TEMPORARY DETENTION OF A LOCAL  CORRECTIONAL  FACILITY,  THE  PERIOD  OF
TEMPORARY  DETENTION  IN THE CUSTODY OF SUCH LOCAL CORRECTIONAL FACILITY
SHALL NOT EXCEED SEVENTY-TWO HOURS AND THEREAFTER THE  PERSON  SHALL  BE
TRANSFERRED  TO  THE  CUSTODY  OF  THE  DEPARTMENT  TO HOLD IN TEMPORARY
DETENTION. A warrant issued pursuant to this section shall also  consti-
tute  sufficient  authority  to the person in charge of a drug treatment
campus,  as  defined  in  subdivision  twenty  of  section  two  of  the
correction law, to hold the person named therein, in accordance with the
procedural requirements of this section, for a period of at least ninety
days  to  complete  an  intensive drug treatment program mandated by the
board as an alternative to presumptive release or parole or  conditional
release  revocation,  or the revocation of post-release supervision, and
shall also constitute sufficient authority  for  return  of  the  person
named  therein  to  local  custody  to  hold  in temporary detention for
further revocation  proceedings  in  the  event  said  person  does  not
successfully  complete the intensive drug treatment program. The board's
rules shall provide for cancellation of delinquency and  restoration  to
supervision upon the successful completion of the program.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law, provided that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its  effective  date  are authorized and directed to be promulgated,
amended and/or repealed on or before 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.