Bill Text: NY A10285 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for a program to transport persons subject to an outstanding warrant of arrest to the appropriate jurisdiction initially to include persons charged with a felony, and then to include persons charged with a class A misdemeanor except in those cases where the distance for travel is 50 miles or less; requires the division of state police, the division of criminal justice services; and directs the office of court administration to coordinate a plan for the state assumption of the costs thereof, and makes other further refinements to existing and similar programs, the costs of such program to be shared by the state and localities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-16 - referred to governmental operations [A10285 Detail]

Download: New_York-2009-A10285-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10285
                                 I N  A S S E M B L Y
                                    March 16, 2010
                                      ___________
       Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the executive law, in relation to the implementation  of
         the  warrant  return assistance program to provide for the transporta-
         tion of persons subject to a warrant of arrest
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 221-e
    2  to read as follows:
    3    S 221-E. WARRANT RETURN  ASSISTANCE  PROGRAM.  1.  THE  VIOLENT  FELON
    4  WARRANT  PROGRAM  AS  PRESENTLY CONSTITUTED WITHIN THE DIVISION OF STATE
    5  POLICE WHEREBY THE DIVISION PROVIDES FOR THE TRANSPORTATION  OF  CERTAIN
    6  DEFENDANTS  CHARGED  WITH THE COMMISSION OF A VIOLENT FELONY AND SUBJECT
    7  TO AN OUTSTANDING WARRANT OF ARREST, BENCH  WARRANT  OR  SUPERIOR  COURT
    8  WARRANT  OF  ARREST,  AS  SUCH  TERMS ARE DEFINED IN SECTION 1.20 OF THE
    9  CRIMINAL PROCEDURE LAW, FROM ONE JURISDICTION TO THE JURISDICTION  WHERE
   10  THE WARRANT IS OUTSTANDING IS HEREBY CONTINUED IN ITS CURRENT FORM.
   11    2.  SUCH  PROGRAM SHALL HOWEVER BE FURTHER EXPANDED ON AND AFTER APRIL
   12  FIRST, TWO THOUSAND ELEVEN TO  THE  EXTENT  THAT  THE  STATE,  UPON  THE
   13  REQUEST  OF  THE  JURISDICTION  WHEREIN  A  PERSON CHARGED PURSUANT TO A
   14  WARRANT OF ARREST, WARRANT, BENCH WARRANT OR SUPERIOR COURT  WARRANT  OF
   15  ARREST  FOR ANY OTHER FELONY, OR ANY CLASS A MISDEMEANOR IS FOUND, SHALL
   16  REIMBURSE SUCH JURISDICTION FOR  ONE-HALF  OF  THE  NECESSARY  COSTS  OF
   17  PROVIDING  FOR THE TRANSPORTATION OF PERSONS SUBJECT TO ANY SUCH WARRANT
   18  OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT FROM THE JURISDICTION
   19  WHEREIN SUCH PERSON IS APPREHENDED TO THE JURISDICTION WHERE THE WARRANT
   20  IS OUTSTANDING, PROVIDED HOWEVER THAT SUCH SHARED  RESPONSIBILITY  SHALL
   21  ONLY  APPLY WHERE THE DISTANCE FOR TRAVEL IS MORE THAN FIFTY MILES.  THE
   22  REMAINING ONE-HALF OF SUCH EXPENSE  SHALL  BE  DEEMED  A  LOCAL  CHARGE.
   23  DURING  THE  PERIOD  OF  TIME COMMENCING WITH THE EFFECTIVE DATE OF THIS
   24  SECTION AND TERMINATING MARCH FIRST, TWO THOUSAND ELEVEN,  THE  DIVISION
   25  OF  CRIMINAL  JUSTICE  SERVICES  AND  THE OFFICE OF COURT ADMINISTRATION
   26  SHALL DEVELOP A PLAN AND PROCEDURES TO INSURE THE TIMELY  IMPLEMENTATION
   27  OF  THIS  SUBDIVISION AND SHALL INCLUDE GUIDELINES TO DETERMINE WHAT THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15845-01-0
       A. 10285                            2
    1  FAIR AND REASONABLE  COST  IN  TRANSPORTING  PERSONS  PURSUANT  TO  THIS
    2  SECTION  SHOULD BE.   SUCH PLAN SHALL INCLUDE A REQUEST FOR AN APPROPRI-
    3  ATION FOR THE TWO THOUSAND ELEVEN -- TWO THOUSAND  TWELVE  STATE  FISCAL
    4  YEAR  TO FULLY FUND THE STATE'S SHARE OF THE PROGRAM AS EXPANDED IN THIS
    5  SECTION.
    6    3.  SUCH PLAN SHALL INCLUDE A STUDY IDENTIFYING AS AN  ALTERNATIVE,  A
    7  MORE  COST  EFFICIENT METHOD OF PROVIDING FOR THE TRANSPORTATION OF SUCH
    8  PERSONS INCLUDING BUT NOT LIMITED TO THE  USE  OF  THE  DIVISION  ALONE,
    9  SUBJECT  TO  FULL REIMBURSEMENT BY THE STATE, AND THE TERMS OF ANY MODEL
   10  AGREEMENT TO BE ACTED UPON BY THE LOCAL LEGISLATIVE BODY OF  THE  FINAN-
   11  CIALLY AFFECTED LOCALITY. SUCH PLAN AS FURTHER EXPANDED BY THIS SUBDIVI-
   12  SION  SHALL  INCLUDE  A REQUEST FOR FUNDING IN THE STATE FISCAL YEAR TWO
   13  THOUSAND ELEVEN -- TWO  THOUSAND  TWELVE  TO  INITIALLY  CARRY  OUT  THE
   14  PROVISIONS OF THIS SECTION.
   15    S 2. This act shall take effect immediately.