Bill Text: NY A07968 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes Greene county to enter into an agreement with a contiguous county to share the construction, financing, improvement, maintenance and/or housing of persons in the custody of the sheriff of a county jail.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A07968 Detail]

Download: New_York-2019-A07968-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7968--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 29, 2019
                                       ___________

        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Correction -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        AN  ACT in relation to authorizing Greene county to enter into an agree-
          ment with a contiguous county to share  the  construction,  financing,
          improvement,  maintenance  and/or housing of persons in the custody of
          the sheriff of a county jail

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  (a)  Notwithstanding  any  inconsistent provision of law,
     2  Greene county may enter into an agreement with a  contiguous  county  to
     3  share the construction, financing, improvement, maintenance and/or hous-
     4  ing  of persons in the custody of the sheriff of a county jail. Any such
     5  shared county jail shall be physically located in Greene county or  such
     6  contiguous  county. Any agreement made pursuant to this section shall be
     7  in accordance with the provisions of article 5-G of the general  munici-
     8  pal  law. For the purposes of this section, the term "contiguous county"
     9  shall, with respect  to  counties,  mean  and  include  "contiguous"  as
    10  described  (with  respect  to  towns  and  villages) in subdivision 4 of
    11  section 750 of the general municipal law.
    12    (b) A shared county jail established pursuant to this section shall be
    13  considered the county jail of Greene county and such  contiguous  county
    14  for  the  purposes  of any relevant provision of law and be considered a
    15  local correctional facility, as such term is defined in  subdivision  16
    16  of section 2 of the correction law, for all purposes.
    17    (c)  For  purposes  of subdivision 2 of section 70.20 of the penal law
    18  and any other relevant provision of the criminal procedure law  and  any
    19  other  law, such shared county jail shall be considered to be located in
    20  Greene county and such contiguous county and be  considered  the  county
    21  jail  of  the  county  for  all courts located in Greene county and such
    22  contiguous county.  Further, a person taken  into  custody  pursuant  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13047-02-9
        A. 7968--A                          2

     1  paragraph (b) of subdivision 3 of section 259-i of the executive law may
     2  be  incarcerated  in  such shared county jail for an arrest occurring in
     3  Greene county or such contiguous county and, if a local revocation hear-
     4  ing  is  to be held pursuant to paragraph (e) of such subdivision 3, the
     5  location of such shared county jail shall be considered  in  determining
     6  whether  such  facility  is  reasonably  near  the  place of the alleged
     7  violation or arrest.
     8    § 2. This act shall take effect immediately.