Bill Text: NY A02314 | 2013-2014 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to correction [A02314 Detail]

Download: New_York-2013-A02314-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2314
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2013
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee 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.
                                                                  LBD05682-01-3