Bill Text: NY A01112 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period; provisions do not apply for NYC.

Spectrum: Slight Partisan Bill (Republican 8-4)

Status: (Introduced - Dead) 2016-01-06 - referred to correction [A01112 Detail]

Download: New_York-2015-A01112-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1112
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced by M. of A. GUNTHER, COOK, CROUCH, GOODELL, PALMESANO, DUPREY
         -- Multi-Sponsored by -- M. of A. BARCLAY, CAMARA, MAGEE, RIVERA, STEC
         -- read once and referred to the Committee on Correction
       AN ACT to amend the correction law, in relation to parole violators
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The correction law is amended by adding a new section  23-a
    2  to read as follows:
    3    S  23-A.  TRANSFER OF PAROLE VIOLATORS. 1. IF ANY PERSON PRESUMPTIVELY
    4  RELEASED, PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO  POST-RELEASE
    5  SUPERVISION,  OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE
    6  SUPERVISION SHALL HAVE BEEN ARRESTED FOR VIOLATING ONE  OR  MORE  CONDI-
    7  TIONS  OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR
    8  POST-RELEASE SUPERVISION, SUCH PERSON, AFTER TEN BUSINESS  DAYS  IN  ANY
    9  LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
   10    A.  TRANSFERRED  TO  A STATE CORRECTIONAL FACILITY, WITH THE COSTS AND
   11  RESPONSIBILITIES ASSOCIATED WITH SUCH TRANSFER BORNE BY  THE  DEPARTMENT
   12  PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
   13    B.  KEPT  IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE COUNTY'S COSTS
   14  OF SUCH TEMPORARY DETAINMENT REIMBURSED BY  THE  DEPARTMENT  WHERE  SUCH
   15  PERSON  HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS BEEN
   16  PRONOUNCED WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY  OF
   17  THE COMMISSIONER.
   18    2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
   19  IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE  INHABITANTS,  OR
   20  IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO
   21  REMAIN  IN  THE  LOCAL  CORRECTIONAL  FACILITY FOR UP TO TWENTY DAYS PER
   22  EXTENSION.
   23    S 2. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law. Effective immediately, the addition,  amend-
   25  ment and/or repeal of any rule or regulation necessary for the implemen-
   26  tation  of this act on its effective date is authorized to be made on or
   27  before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02008-01-5