Bill Text: NY A04873 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the correction law, in relation to the expenses of local facilities housing inmates of the state

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to correction [A04873 Detail]

Download: New_York-2009-A04873-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4873
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       Introduced  by M. of A. ALESSI -- Multi-Sponsored by -- M. of A. FIELDS,
         ZEBROWSKI -- read once and referred to the Committee on Correction
       AN ACT to amend the correction law, in relation to the expenses of local
         facilities housing inmates of the state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The section heading and subdivision (a) of section 601 of
    2  the correction law, the section heading as amended by chapter 39 of  the
    3  laws  of  1977  and subdivision (a) as amended by section 9 of part D of
    4  chapter 56 of the laws of 2008, are amended to read as follows:
    5    Delivery  of   commitment   with   inmate;   payment   of   fees   for
    6  transportation;  EXPENSES  OF  LOCAL  FACILITIES  HOUSING INMATES OF THE
    7  STATE.
    8    (a) Whenever an inmate shall be delivered to the superintendent  of  a
    9  state  correctional facility pursuant to an indeterminate or determinate
   10  sentence, the officer so delivering such inmate shall  deliver  to  such
   11  superintendent,  a  certified  copy  of  the  sentence, a certificate of
   12  conviction and a copy of any order of protection or temporary  order  of
   13  protection  issued against the inmate at the time of sentencing pursuant
   14  to section 380.70 of the criminal procedure law received by such officer
   15  from the clerk of the  court  by  which  such  inmate  shall  have  been
   16  sentenced, a copy of the report of the probation officer's investigation
   17  and  report  or  a detailed statement covering the facts relative to the
   18  crime and previous history certified by the district attorney, a copy of
   19  the inmate's  fingerprint  records,  a  detailed  summary  of  available
   20  medical  records,  psychiatric records and reports relating to assaults,
   21  or other violent acts, attempts at suicide or escape by the inmate while
   22  in the custody of the local correctional facility; any such  medical  or
   23  psychiatric  records  in  the possession of a health care provider other
   24  than the local correctional facility shall be summarized in  detail  and
   25  forwarded  by  such  health care provider to the medical director of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08060-01-9
       A. 4873                             2
    1  appropriate state correctional facility upon request; the superintendent
    2  shall present to such officer a certificate  of  the  delivery  of  such
    3  inmate,  and the fees of such officer for transporting such inmate shall
    4  be paid from the treasury upon the audit and warrant of the comptroller.
    5  Whenever  an  inmate  of the state is delivered to a local facility, the
    6  superintendent shall forward summaries of  such  records  to  the  local
    7  facility with the inmate AND SHALL REIMBURSE SUCH LOCAL FACILITY FOR ANY
    8  REASONABLE COSTS ASSOCIATED WITH THE HOUSING OF SUCH INMATE OF THE STATE
    9  IN  SUCH  LOCAL FACILITY. COSTS SHALL BE DETERMINED AND PAID PURSUANT TO
   10  THE PROCESS SET FORTH IN SUBDIVISION TWO OF SECTION SIX HUNDRED  SIX  OF
   11  THIS  ARTICLE AND REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSUL-
   12  TATION WITH THE DIRECTOR OF THE BUDGET.
   13    S 2. This act shall take effect on the one hundred eightieth day after
   14  it shall have become a law. Effective immediately, the addition,  amend-
   15  ment and/or repeal of any rule or regulation necessary for the implemen-
   16  tation  of this act on its effective date are authorized and directed to
   17  be made and completed on or before such  effective  date;  and  provided
   18  further  that  the  amendments  to subdivision (a) of section 601 of the
   19  correction law made by section one of this act shall be subject  to  the
   20  expiration  and reversion of such subdivision as provided in subdivision
   21  d of section 74 of chapter 3 of the laws of 1995, as amended.