Bill Text: NY S05498 | 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; provisions do not apply for NYC.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-19 - referred to correction [S05498 Detail]

Download: New_York-2011-S05498-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5498
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 25, 2011
                                      ___________
       Introduced  by  Sen. RITCHIE -- 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 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