Bill Text: NY S05538 | 2017-2018 | General Assembly | Amended

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Bill Title: Allows for two or more counties to enter into a contract for the provision of a county jail.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-03-06 - REPORTED AND COMMITTED TO FINANCE [S05538 Detail]

Download: New_York-2017-S05538-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5538--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      April 7, 2017
                                       ___________
        Introduced  by Sens. BONACIC, HELMING -- read twice and ordered printed,
          and when printed to be committed to the Committee on Local  Government
          -- recommitted to the Committee on Local Government in accordance with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the county law and the correction law,  in  relation  to
          allowing  two  or  more  counties  to  enter  into  a contract for the
          provision of a county jail
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  217  of  the  county  law  is amended to read as
     2  follows:
     3    § 217.  County  jail.  [Each]  Except  as  provided  by  section  five
     4  hundred-q  of the correction law, each county shall continue to maintain
     5  a county jail as prescribed by law.
     6    § 2. The correction law is amended by adding a new  section  500-q  to
     7  read as follows:
     8    § 500-q. Authorization for shared county jails. 1. Notwithstanding any
     9  other  provision  of  law  to  the  contrary,  a county may enter into a
    10  contract with another  county  or  with  the  state,  to  share  in  the
    11  construction,  financing, improvement, and maintenance of a county jail.
    12  Such contracts, if enacted, may run concurrent with any  bond  or  long-
    13  term  financing  associated with the construction of or improvement to a
    14  county jail.
    15    2. An  agreement  between  two  or  more  counties  to  share  in  the
    16  construction,  financing,  improvement, and maintenance of a county jail
    17  pursuant to this section shall include a provision for the proportionate
    18  cost, including costs associated with bonding, to be borne by each coun-
    19  ty. The contracting counties may agree that  the  bonding  or  financing
    20  mechanism  for  the  provision  of a county jail may be amended upon the
    21  mutual consent of each contracting  county's  legislature  or  board  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04896-02-7
        S. 5538--A                          2
     1  supervisors, and if the county has a county executive, upon the approval
     2  of the county executive. The disapproval of a county executive, however,
     3  may be overridden by the vote of two-thirds of the governing body of the
     4  county.
     5    3.  If  two  or  more counties enter into an agreement to share in the
     6  construction, financing, improvement, and maintenance of a county  jail,
     7  the  jail  shall  be physically located in one of the counties which are
     8  subject to the agreement.
     9    4. A county may contract with another county to share  the  financing,
    10  maintenance, and improvement to an existing jail of another county where
    11  such  other  county already has an existing jail that meets the require-
    12  ments of the state commission on correction or which  has  a  waiver  or
    13  variance from all or a portion of such requirements.
    14    § 3. This act shall take effect immediately.