Authorizes the detaining in the Chautauqua county correctional facility of persons awaiting arraignment in any local court in the county of Chautauqua

1 Co-sponsor

• Joseph Giglio

BILL NUMBER:A10233

Title of bill

An act to amend the correction law, in relation to authorizing the use of the Chautauqua county correctional facility for the detention of persons under arrest being held for arraignment

Purpose or general idea of bill

This would authorize the detaining in the Chautauqua county correctional facility of persons awaiting arraign- ment in any local court in the county of Chautauqua.

Summary of specific provisions

Section 1: Section 500-a of the correction law is amended by adding a new subdivision 2-j.

Section 2: Section 500-c of the correction law is amended by adding a new subdivision 16.

Section 3: the effective date is established.

Justification

Per request of the Chautauqua County sheriff's Depart- ment, this legislation would permit the use of the Chautauqua County Correctional Facility by various law enforcement agencies for the detention of persons under arrest and being held for arraignment.

Several upstate counties are currently allowed to do this including: Allegany, Chemung, Cortland, Erie, Genesee, Monroe, Onondaga, Putnam, Niagara, Seneca, and Warren Counties.

If the jail is authorized to be used for the holding of arrestees prior to arraignment, deputies would then have the ability to bring defendants to jail where a standardized bail would be set for specific classes of non-felony arrests.

This bill would prevent the necessity of locating a town of village judge for an immediate arraignment, especially when arrests are made, for example, in the middle of the night and it is difficult to locate a judge and wait for their arrival. It can not only save time, but reduce the amounts of transports of arrestees and associated costs.

Prior legislative history

This is a new bill.

Fiscal implications

This legislation will have no fiscal implication for the state, but there would be a cost savings to the

Effective date

This act shall take effect immediately, provided that the amendment to the section 500-c of the correction law, made by section two of this act, shall not affect the repeal of such section pursuant to section 12 of chapter 907 of the laws of 1984, as amended, and shall be deemed repealed therewith.