Enables county jails to utilize space within the jail for electronic identification processing

2 Co-sponsors

• Eric Adams
• Ruben Diaz

Title of bill

An act to amend the correction law, in relation to enabling county jails to utilize space within the jail for electronic identification processing

Purpose

This bill would clarify that county jails may use space within the jail for the electronic processing of fingerprints.

Summary of provisions

Section 1 of the bill would amend Correction Law § 500-a to add electronic identification processing (fingerprinting) of persons who are not committed to the custody of the sheriff to the permissible uses of a county jail.

Section 2 of the bill would make the bill effective immediately.

Existing law

Correction Law § 500-a sets forth the permissible uses of a county jail. These permissible uses generally include detention or confinement of persons committed to the custody of the sheriff or awaiting a trial or some other court appearance. There is nothing in the statute that would specifically permit a local jail to be used for fingerprinting of persons who are not committed to the custody of the sheriff, and it is unclear whether the statute would be interpreted to allow that use.

Legislative history

This is a new proposal.

Statement in support

Beginning in 2010, the Division of Criminal Justice Services (DCJS), as part of the expansion of the "E-Justice" program, will no longer accept traditional inked fingerprint cards for processing. Instead, all fingerprints will have to be submitted electronically through a system known as "Live Scan."

As a result of this change, sheriffs and commissioners of correction who administer the local jails will be required to participate in the Live Scan of inmates committed to their custody. To do so, a local jail must be equipped with a Live Scan unit, at a cost in excess of $14,000.

At the same time, many upstate sheriffs perform other law enforcement functions that would include the need for fingerprinting, such as making arrests and processing arrestees prior to their arraignments. Many sheriffs also are required to fingerprint civilians for such things as pistol permits or job applications.

Under the existing language of Correction Law § 500-a, there is a question whether it would be a permissible use for a sheriff to bring a person who has not been arraigned on criminal charges into a local jail for use of the jail's Live Scan unit. If the statute were interpreted to prohibit this use, counties would likely be required to purchase a second Live Scan unit for fingerprinting persons for these other purposes. This bill would clarify that sheriffs are permitted to use the jail's Live Scan unit for these other purposes, thereby alleviating the concern that counties could be required to bear the expense of purchasing a second unit.

Budget implications

None to the State. The bill could save counties the expense of purchasing additional Live Scan units.

Effective date

This bill would take effect immediately.