NY State Senate Bill 2019-S4761

Senate Bill S4761

2019-2020 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 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Mar 25, 2019	referred to crime victims, crime and correction

2019-S4761 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6739
2013-2014: S2612
2015-2016: S2064
2017-2018: S449

2019-S4761 (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.

2019-S4761 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4761

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the executive law, in relation to
temporary detention of persons whose presumptive release, parole, condi-
tional 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: amends subparagraph (i) of paragraph (a) of subdivision 3 of
section 259-i of the Executive Law, as amended by Chapter 545 of the
Laws of 2015, to provide that parole violators who are placed in the
temporary detention of a local correctional facility shall be held no
longer than 72 hours before they must be transferred to a state correc-

tional facility for further temporary detention.

Section 2: Sets forth the effective date.

 
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
alleged parole violators back to the state and will help alleviate the
burden upon county taxpayers.

 
LEGISLATIVE HISTORY:

2018: S.449 Committed to Rules
2017: S.449 Passed Senate
2015, 2016: S.2064B Passed Senate
2013,2014: S.2612 Passed Senate
2012: S.6739/A.10237 Referred to Crimes Victims, Crime and Correction

 
FISCAL IMPACT:

Counties affected 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.

2019-S4761 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4761
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- 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 chapter 545 of the
 laws of 2015, 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 unless such person has been determined to be
 currently  unfit to proceed to trial or is currently subject to a tempo-
 rary or final order of observation pursuant  to  article  seven  hundred
 thirty  of the criminal procedure law, in which case no warrant shall be
 issued. The retaking and detention of any such  person  may  be  further
 regulated  by  rules  and regulations of the department 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03020-01-9

 S. 4761                             2
 
 delivered to hold in temporary detention the person named  therein,  AND
 THE  PERIOD  OF TEMPORARY DETENTION IN THE CUSTODY OF SUCH LOCAL CORREC-
 TIONAL FACILITY SHALL NOT EXCEED SEVENTY-TWO HOURS  AND  THEREAFTER  THE
 PERSON  SHALL BE TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT TO BE HELD
 IN TEMPORARY CUSTODY; 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 AND REQUIRE  the  immediate  placement  of  the
 parolee  only into imprisonment in the custody of the department to hold
 in temporary detention. A warrant issued pursuant to this section  shall
 also  constitute  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.
   § 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.

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