BILL NUMBER: S1640

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the correction law, in relation to authorizing the use
of the Orange county correctional facility for the detention of persons
under arrest being held for arraignment or appearance

 
PURPOSE:

To permit defendants to be temporarily detained pending arraignment in
the Orange County Correctional Facility.

 
SUMMARY OF PROVISIONS:

Section 1: Section 500-a of the correction law is amended by adding a
new subdivision 2-1 permitting the orange county correctional facility
to be used for the detention of persons under arrest being held for
arraignment or appearance in any court located in the County of Orange.

              

Section 2: Section 500-c of the correction law is amended by adding a
new subdivision 18.

Section 3: Effective Date

 
JUSTIFICATION:

This legislation was requested by the Orange County Magistrate's Associ-
ation. Police protection in the County of Orange is divided among 32
separate local police agencies in addition to the Orange County Sher-
iff's Department, the New York State Police, and the New York State Park
Police and the Environmental Conservation Police. The majority of these
police departments including the New York State Police do not have
facilities to detain persons awaiting arraignment and appearances before
City, Town, and. Village Courts. The burden of conducting timely
arraignments at all hours of the day and night falls upon the Judges and
Justices of the cities, towns, and villages who must set aside all
personal, family and business interest to travel to their respective
courthouses to conduct arraignments.

Many arraignments occur at hours when the court is not in session and
the City Judge or Town, or Village Justice must conduct the arraignment
alone without the aid of any staff. During the arraignments that occur
at times that the court is not normally in session, the City, Town, and
Village Courts are without any security whatsoever and must rely upon
the ability of the police agency to both monitor the defendant being
arraigned and, at the same time, maintain the security and safety of
those inside the courtroom.  Arraignments of defendants at times when
City, Town, and Village Courts are not in session, oftentimes during
late evenings and early mornings, pose security risks to Judges and
Justices of said courts.  This legislation would permit defendants to be
temporarily detained pending arraignment.

The correction law already permits the county jail to be used to detain
defendants pending arraignment in the counties of Onondaga, Erie, Yates,
Cortland, Putnam, Monroe (for the City of Rochester), Warren, Niagara,
Genesee, Allegany, Seneca, Montgomery, Chautauqua, Ontario, Albany,
Schenectady, Steuben, Wayne, Tioga, Broome, Jefferson, Livingston, Wash-
ington, Fulton, Orleans, Essex, Oneida, and Otsego. This bill would
simply allow in Orange County what is already allowed in 28 other coun-
ties statewide.

 
LEGISLATIVE HISTORY:

Senate

2020 (S4270A) - Referred to Crime Victims, Crime and Correction

2012 (S6984) - Reported out of Crime Victims, Crime and Correction and
committed to Rules

Assembly

2020 - A5959 - Referred to Correction

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately, with provisions.