Bill Text: NY A10646 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 10646 (Prior Session Legislation)

Introduced

Bill Title: Allows for two or more counties to enter into a contract for the provision of a county jail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-13 - reference changed to correction [A10646 Detail]

Download: New_York-2011-A10646-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10646
                                 I N  A S S E M B L Y
                                     June 12, 2012
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
         read once and referred to the Committee on Local Governments
       AN ACT to amend the county law and the correction law,  in  relation  to
         allowing  two  or  more  counties  to  enter  into  a contract for the
         provision 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.  Section  217  of  the  county  law  is amended to read as
    2  follows:
    3    S 217.  County  jail.  [Each]  EXCEPT  AS  PROVIDED  BY  SECTION  FIVE
    4  HUNDRED-P  OF THE CORRECTION LAW, EACH county shall continue to maintain
    5  a county jail as prescribed by law.
    6    S 2. The correction law is amended by adding a new  section  500-p  to
    7  read as follows:
    8    S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY
    9  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,  A COUNTY MAY ENTER INTO A
   10  CONTRACT WITH ANOTHER  COUNTY  OR  WITH  THE  STATE,  TO  SHARE  IN  THE
   11  CONSTRUCTION,  FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL.
   12  SUCH CONTRACTS,  IF  ENACTED,  MAY  RUN  CONCURRENT  WITH  ANY  BOND  OR
   13  LONG-TERM  FINANCING  ASSOCIATED WITH THE CONSTRUCTION OF OR IMPROVEMENT
   14  TO A COUNTY JAIL.
   15    2. AN  AGREEMENT  BETWEEN  TWO  OR  MORE  COUNTIES  TO  SHARE  IN  THE
   16  CONSTRUCTION,  FINANCING,  IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL
   17  PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE
   18  COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN-
   19  TY. THE CONTRACTING COUNTIES MAY AGREE THAT  THE  BONDING  OR  FINANCING
   20  MECHANISM  FOR  THE  PROVISION  OF A COUNTY JAIL MAY BE AMENDED UPON THE
   21  MUTUAL CONSENT OF EACH CONTRACTING  COUNTY'S  LEGISLATURE  OR  BOARD  OF
   22  SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL
   23  OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,
   24  MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE
   25  COUNTY.
   26    3.  IF  TWO  OR  MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE
   27  CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY  JAIL,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01902-03-2
       A. 10646                            2
    1  THE  JAIL  SHALL  BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE
    2  SUBJECT TO THE AGREEMENT.
    3    4.  A  COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE THE FINANCING,
    4  MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE
    5  SUCH OTHER COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS  THE  REQUIRE-
    6  MENTS  OF  THE  STATE  COMMISSION ON CORRECTION OR WHICH HAS A WAIVER OR
    7  VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS.
    8    S 3. This act shall take effect immediately.