Bill Text: NY S07163 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits the detention of individuals who are eighteen years of age or older in a county jail pending a first court appearance in an off-hours arraignment part.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - signed chap.36 [S07163 Detail]

Download: New_York-2019-S07163-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7163

                    IN SENATE

                                    January 10, 2020
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the correction law, in  relation  to  the  detention  of
          individuals  in  a  county jail pending a first court appearance in an
          off-hours arraignment part

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

     1    Section  1. Subdivision 2-t of section 500-a of the correction law, as
     2  added by a chapter of the laws of 2019, amending the correction  law  in
     3  relation  to  the  detention  of  individuals in a county jail pending a
     4  first court appearance in an off-hours arraignment part, as proposed  in
     5  legislative  bills  numbers  S.  5593 and A. 7647, is amended to read as
     6  follows:
     7    2-t. Notwithstanding any other  provision  of  law,  where  the  chief
     8  administrator of the courts establishes an off-hours arraignment part in
     9  a county in accordance with paragraph (w)  of subdivision one of section
    10  two hundred twelve of the judiciary law, the county correctional facili-
    11  ty  may  be  used for the detention of persons who are eighteen years of
    12  age or older under arrest being held for arraignment in such part.
    13    § 2. Subdivision 26 of section 500-c of the correction law,  as  added
    14  by  a  chapter  of  the  laws  of  2019,  amending the correction law in
    15  relation to the detention of individuals in  a  county  jail  pending  a
    16  first  court appearance in an off-hours arraignment part, as proposed in
    17  legislative bills numbers S. 5593 and A. 7647, is  amended  to  read  as
    18  follows:
    19    26. Notwithstanding any other provision of law, where the chief admin-
    20  istrator  of  the  courts establishes an off-hours arraignment part in a
    21  county in accordance with paragraph (w)  of subdivision one  of  section
    22  two  hundred  twelve  of  the  judiciary law, all the provisions of this
    23  section shall equally apply in any case where the sheriff is  holding  a
    24  person  who  is  eighteen  years  of  age  or older and under arrest for
    25  arraignment prior to commitment, as if such person had  been  judicially
    26  committed  to  the custody of the sheriff and such person may be held in
    27  such county correctional facility.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09688-02-0
        S. 7163                             2

     1    § 3. This act shall take effect on the  same  date  and  in  the  same
     2  manner  as a chapter of the laws of 2019, amending the correction law in
     3  relation to the detention of individuals in  a  county  jail  pending  a
     4  first  court appearance in an off-hours arraignment part, as proposed in
     5  legislative  bills  numbers  S. 5593 and A. 7647, takes effect; provided
     6  however, that the amendments to section 500-c of the correction law made
     7  by section two of this act shall not affect the repeal of  such  section
     8  and shall be deemed to repeal therewith.