Bill Text: NY A08484 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires parole violators, after 10 days in a local correctional facility, to either be transferred to state correctional facilities or remain in such local facility with all associated costs borne by the state; provides for a 20-day extension period.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-01-04 - referred to correction [A08484 Detail]

Download: New_York-2011-A08484-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8484
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 17, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Correction
       AN ACT to amend the correction law, in relation to parole violators
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The correction law is amended by adding a new section 23-a
    2  to read as follows:
    3    S 23-A. TRANSFER OF PAROLE VIOLATORS. 1. IF ANY  PERSON  PRESUMPTIVELY
    4  RELEASED,  PAROLED,  CONDITIONALLY  RELEASED,  RELEASED  TO POST-RELEASE
    5  SUPERVISION, OR RECEIVED UNDER THE UNIFORM ACT FOR OUT-OF-STATE  PAROLEE
    6  SUPERVISION  SHALL  HAVE  BEEN ARRESTED FOR VIOLATING ONE OR MORE CONDI-
    7  TIONS OF HIS OR HER PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE  OR
    8  POST-RELEASE  SUPERVISION,  SUCH  PERSON, AFTER TEN BUSINESS DAYS IN ANY
    9  LOCAL CORRECTIONAL FACILITY, SHALL EITHER BE:
   10    A. TRANSFERRED TO A STATE CORRECTIONAL FACILITY, WITH  THE  COSTS  AND
   11  RESPONSIBILITIES  ASSOCIATED  WITH SUCH TRANSFER BORNE BY THE DEPARTMENT
   12  PURSUANT TO SECTION SIX HUNDRED TWO OF THIS CHAPTER; OR
   13    B. KEPT IN SUCH LOCAL CORRECTIONAL FACILITY, WITH THE  COUNTY'S  COSTS
   14  OF  SUCH  TEMPORARY  DETAINMENT  REIMBURSED BY THE DEPARTMENT WHERE SUCH
   15  PERSON HAS BEEN CONVICTED OF A PAROLE VIOLATION AND A SENTENCE HAS  BEEN
   16  PRONOUNCED  WHICH REQUIRES THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF
   17  THE COMMISSIONER.
   18    2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
   19  IF THE APPROPRIATE COURT GRANTS AN EXTENSION AUTHORIZING THE DETAINEE TO
   20  REMAIN  IN  THE  LOCAL  CORRECTIONAL  FACILITY FOR UP TO TWENTY DAYS PER
   21  EXTENSION.
   22    S 2. This act shall take effect on the one hundred twentieth day after
   23  it shall have become a law; provided, however, that effective immediate-
   24  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   25  necessary  for  the  implementation of this act on its effective date is
   26  authorized to be made on or before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11831-03-1