Authorizes local correctional facilities to house out of state inmates

1 Co-sponsor

• Roy J. McDonald

BILL NUMBER:S4946A

Title of bill

An act to amend the correction law, in relation to the boarding of out of state inmates at local correctional facilities; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

This bill authorizes local correctional facilities to enter into contracts for the purpose of boarding-in certain inmates from other states' local correctional facilities.

Summary of specific provisions

Section one amends section 45 of the correction law by adding a new subdivision 17 to require an annual report concerning the activity of local jails which have boarded in such inmates pursuant to such agreement.

Section two adds a new paragraph g to section 500-a of the correction law to include the boarding in of out of state local inmates as an authorized use of local jails.

Section three adds a new section 500-o to the correction law authorizing a local jail to enter into an agreement with an out of state local

Section four is the effective date.

Justification

Over the years, many counties have been required to expand the size and capacity of their jail facilities to accommodate the county's inmate population. Over time, some of those counties have experienced decreases in inmates, leaving those larger facilities partially vacant. To offset the cost of operating these facilities at less than optimal capacity, many counties house inmates from other counties, state or federal inmates. In keeping with this practice, it would help many counties to have the option to house inmates from other states.

For example, according to the NYS Association of Counties, Vermont sends inmates to other states (specifically Virginia). Vermont pays Virginia to house these inmates for the duration of their sentence. There are however many NYS counties that border Vermont and have the ability and capacity to house these inmates. This practice can be to the mutual benefit of involved parties.

This bill could benefit every county in New York with the capacity to accept outside inmates. This bill provides mandate relief in that it would give counties more flexibility to have a more optimal inmate population to suit the facility's capacity and minimize loss from overhead costs.

Prior legislative history

New bill.

Fiscal implications for state and local governments

No cost to the state. This bill would provide a revenue opportunity to counties.

Effective date

This act shall take effect immediately.