Relates to reimbursing localities for the cost of maintaining custody of state-ready prisoners

Title of bill

An act to amend the correction law, in relation to reimbursing localities for the cost of maintaining custody of state-ready prisoners

Purpose

Localities are currently reimbursed at a rate not to exceed $40 per day per capita, for maintaining a person convicted of a felony whose sentence has been pronounced, which requires that he be committed to the custody of the commissioner; and who has not been accepted for custody by the commissioner within five days of receipt of written notification. This bill would provide for reimbursement of the localities actual per day per capita cost/as determined by the Director of the State Budget.

Summary of provisions

The bill amends Section 601-c (2) of the Correction Law by increasing the reimbursement rate for housing "state ready" prisoners. The rate was last adjusted from $20.00 to $40.00 per day per capita by Chapter 262 of the Laws of 1987. Reimbursement would be paid by the State at the actual per day per capita cost for care and custody of such prisoners, as certified by appropriate local official and approved by the State Director of the Budget. Reimbursement would be calculated beginning with the first day of receipt of written notification by the department.

Justification

The current reimbursement rate is far below the actual cost New York City and the State's 57 other counties incur for housing "state ready" prisoners. These are convicted felons who have been sentenced and committed to the State Department of Correctional Services. Once a locality is prepared to transport these inmates to a state facility they notify the department. The current reimbursement rate is $40 per day per capita, which is about one third of the actual cost. There are about 1000 inmates in this category, with the difference between actual cost and reimbursement being in excess of $30,000/000 per year.

Reimbursement takes effect when an inmate has not been accepted by the commissioner within five days of receipt of written notification. There is no reimbursement to localities when the State takes custody of prisoners promptly. When the State fails to do so, they are imposing an undue financial burden on localities. New York City and the counties are required to house these inmates who are rightfully the responsibility of the State, and are not being reimbursed for their actual cost. This ~s an unfunded mandate and a shifting of financial responsibility from the State to New York City and the State's other counties. The low reimbursement rate serves as a disincentive for the State to effect a timely transfer of inmates to State facilities. This bill would rectify current inequity by providing for reimbursement of the actual costs, as approved by the State Director of the Budget.

LEGISLATIVE HISTORY :; 2007-08: A.4959/S.2813 Referred to correction 2005-06: A.4419/A.4983 Referred to correction 2003-04: A.879 Referred to correction 2002: A.3618 Referred to Correction 2000: A.10274 Referred to correction

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of September next succeeding the date on which it shall have become a law and shall apply to costs incurred by cities and counties on and after such date.