Provides for a program to transport persons subject to an outstanding warrant of arrest to the appropriate jurisdiction

Summary of specific provisions

* The Violent Felon Warrant program would continue unchanged;

* Starting April 1, 2008 the state police would be responsible for transporting suspects for Whom felony warrants have been issued from the jurisdiction in which they are taken into custody to the jurisdiction where the warrant was issued except in those cases where:the distance the warrant issuing jurisdiction would need to travel to retrieve their suspect would be less than 50 miles (round trip), in which case the warrant issuing jurisdiction would be responsible for retrieval;

* During the period of time between the passage of this legislation and April 1, 2006, the state police shall develop plans and policies for the transport of such suspects. Such Plans shall include the development of funding requirements, which would be appropriated in the 2002-2003 state budget;

* The state shall be responsible for transporting suspects for whom felony or Class A misdemeanor warrants have been issued from the juris- diction in which they are taken into custody to the jurisdiction where the warrant was issued except in those cases outlined above;'

* The DCJS would develop plans and policies for the intrastate extradi- tion of felony and misdemeanor suspects which may include the sole use of state police, contracting with municipal police or county sheriff's departments, or the use of Department of Correctional Services person- nel, Local law enforcement agencies would retain the right of refusal for any such contract. The DCJS may also propose alternative means by which suspects would be returned to the warrant issuing jurisdiction;

* Such plans shall include the development of funding requirements for the program, which shall be appropriated in the 2008-2009 state budget; and

* This timetable would not preclude the state or local municipalities from developing model programs immediately upon the passage of this legislation.

Effects of present law which this bill would alter

The Executive Law is amended by adding a new section 221-c.

Justification

This legislation is prompted by the following situation: a police officer stops a person who is acting suspiciously, and runs a check of their records. There is an outstanding warrant for the arrest of the suspect from another jurisdiction for a minor offense. The police department contacts the other jurisdiction, and is informed that they do not wish to extradite. The person is released, and they escape prose- cution. One can understand why the other jurisdiction does not choose to extradite for "minor offenses." The cost of at least two police officers traveling (roundtrip) across the state can be exorbitant, and, from the point of view of the community which is being asked to pay for the extradition, the cost may outweigh the benefit, particularly for a less serious offense. However, as demonstrated by the dramatic drop in crime in New York City, cracking down on quality of life crimes can result in lower overall crime rates. Unfortunately, little is achieved if such a crackdown leads to flight by lawbreakers to other parts of the state. The state does have a Violent Felony Warrant (VFW) program which currently performs such functions. Hut, as the name implies, it deals only with violent felons. Under this legislation, this program would be expanded to encompass all felons by April 1, 1998, and all felons and Class A misdemeanor violators by April 1, 1999. This legislation would send a clear message to persons for whom warrants are issued in New York State: "there's nowhere to run to, and nowhere to hide."

Prior legislative history

2008: A.5441; Held for consideration in Governmental Operations 2007: A.5441; Referred to Governmental Operations 2006: A.2352; Held for consideration in Governmental Operations 2005: A.2352; Referred to Governmental Operations 2004: A.1978; Held for consideration in Governmental Operations 2003: A.1978; Referred to Governmental Operations 2002: A.4462; Held for consideration in Governmental Operations 2001: A.4462; Referred to Governmental Operations 2000: A.4259; Held for consideration in Governmental Operations 1999: A.4259; Referred to Governmental Operations 1998: A.4346; Held for consideration in Governmental Operations 1997: A.4346; Referred to Governmental Operations

Effective date

Immediately.