Bill Text: NY A04592 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides that localities be reimbursed by the state for costs incurred while transporting prisoners to state prison, specifically for the salaries of employees engaged in the transportation of such prisoners.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - referred to correction [A04592 Detail]
Download: New_York-2013-A04592-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4592
2013-2014 Regular Sessions
I N A S S E M B L Y
February 6, 2013
___________
Introduced by M. of A. O'DONNELL, AUBRY -- Multi-Sponsored by -- M. of
A. COOK -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to reimbursing locali-
ties for the cost of transporting certain prisoners to prison
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 602 of the correction law, as amended by chapter
2 891 of the laws of 1962, is amended to read as follows:
3 S 602. Expenses of sheriff for transporting prisoners. For conveying
4 a prisoner or prisoners to a state prison from the county prison, the
5 sheriff or person having charge of the same shall be reimbursed for the
6 amount of expenses actually and necessarily incurred by him OR HER AS
7 APPROVED BY THE STATE DIRECTOR OF THE BUDGET for railroad fare or cost
8 of other transportation and for cost of maintenance of himself OR
9 HERSELF and each prisoner in going to the prison, and for his OR HER
10 railroad fare or other cost of transportation in returning home, and
11 cost of his OR HER maintenance while so returning. [The county shall be
12 reimbursed for a portion of the salary of such sheriff or person for the
13 period, not to exceed thirty-six hours, from the commencement of trans-
14 portation from the county prison to the return of such sheriff or person
15 to the county prison, the amount of such reimbursement to be computed by
16 adding to the amount of such salary the total amount of the aforesaid
17 expenses incurred for transportation and maintenance and reducing the
18 resulting aggregate amount, first, by fifty per centum of such aggregate
19 amount and, second, by the total amount of the aforesaid expenses
20 incurred for transportation and maintenance.]
21 S 2. The correction law is amended by adding a new section 602-a to
22 read as follows:
23 S 602-A. REIMBURSEMENT TO CITIES AND COUNTIES FOR SALARIES OF EMPLOY-
24 EES ENGAGED IN TRANSPORTING PRISONERS. THE AMOUNT OF SALARY PAID TO A
25 CITY OR COUNTY EMPLOYEE WHO PERFORMS CUSTODIAL SERVICES FOR A FIXED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05943-01-3
A. 4592 2
1 YEARLY SALARY, WHILE HE OR SHE IS ENGAGED IN ESCORTING A PRISONER TO A
2 STATE PRISON AND RETURNING THEREFROM, SHALL TO THE EXTENT OF THE ACTUAL
3 COST THEREOF AS DETERMINED BY THE STATE DIRECTOR OF THE BUDGET BE A
4 PROPER CHARGE BY SUCH CITY OR COUNTY AGAINST THE STATE. THE HEAD OF A
5 DEPARTMENT, BUREAU, DIVISION OR OTHER AGENCY OR UNIT OF A CITY OR COUNTY
6 HIRING SUCH EMPLOYEES SHALL EXECUTE A DETAILED MONTHLY STATEMENT,
7 SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY, AND
8 PROMPTLY FORWARD IT TO THE DIRECTOR. SUCH STATEMENT SHALL INCLUDE THE
9 NAME OR NAMES OF THE CUSTODIAL EMPLOYEE OR EMPLOYEES WHO, DURING THE
10 PREVIOUS MONTH, ESCORTED A PRISONER TO A STATE PRISON, THE DATE OR DATES
11 OF SUCH SERVICES, INCLUDING THE TIME REQUIRED TO RETURN FROM THE PRISON,
12 AND THE AMOUNT OF SALARY EARNED BY SUCH EMPLOYEE OR EMPLOYEES WHILE SO
13 ENGAGED.
14 S 3. This act shall take effect on the first of September next
15 succeeding the date on which it shall have become a law and shall apply
16 to costs incurred by localities on and after such date.
