Bill Text: NY S08048 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to remedying the inconsistent definitions for local correctional facility and municipal official and fixes other technical errors.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2018-05-14 - SUBSTITUTED BY A10159 [S08048 Detail]

Download: New_York-2017-S08048-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8048
                    IN SENATE
                                     March 22, 2018
                                       ___________
        Introduced  by  Sen.  GALLIVAN -- (at request of the State Commission of
          Correction) -- read twice and ordered printed, and when printed to  be
          committed to the Committee on Crime Victims, Crime and Correction
        AN  ACT to amend the correction law, in relation to remedying inconsist-
          ent definitions and other technical errors
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions 2 and 4 of section 40 of the correction law,
     2  subdivision 2 as amended by section 78-a of part WWW of  chapter  59  of
     3  the  laws  of 2017, subdivision 4 as added by chapter 865 of the laws of
     4  1975, are amended to read as follows:
     5    2. "Local correctional facility" means  any  [county]  jail,  [county]
     6  penitentiary,  [county  lockup,  city jail, police station jail, town or
     7  village jail  or  lockup]  state,  county  or  municipal  lockup,  court
     8  detention  pen,  hospital  prison  ward  or  specialized secure juvenile
     9  detention facility for older youth.
    10    4. "Municipal official" means  (a)  the  sheriff  or,  where  a  local
    11  correctional  facility is under the jurisdiction of a county department,
    12  the head of such department, and clerk of the board of  supervisors,  in
    13  the  case  of  a  county  jail;  (b) the sheriff or other officer having
    14  custody or administrative jurisdiction and the clerk  of  the  board  of
    15  supervisors,  in the case of a county penitentiary; (c) the clerk of the
    16  board of supervisors in the case of a county lockup; (d) the  mayor  and
    17  the  city  clerk,  in  the  case of a city jail or [police station jail]
    18  lockup; (e) the supervisor and town clerk, in the case of a  town  [jail
    19  or]  lockup;  (f)  the mayor and village clerk, in the case of a village
    20  [jail or] lockup; (g) the clerk of the board of supervisors of the coun-
    21  ty wherein located and the officer having custody  or  control,  in  the
    22  case of a court detention pen or a hospital prison ward.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14463-01-8