Authorizes the detaining in the Orange county correctional facility of persons awaiting arraignment or appearance in any local court in the county of Orange

BILL NUMBER:S6984

Title of bill

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

Purpose

To permit defendants to be temporarily detained pending arraignment in the Orange County Correctional Facility.

Summary of provisions

Section 1: Section 500-a of the correction law is amended by adding a new subdivision 2-1 permitting the orange county correctional facility to be used for the detention of persons under arrest being held for arraignment or appearance in any court located in the county of Orange.

Section 2: Section 500-c of the correction law is amended by adding a new subdivision 18.

Section 3: Effective Date

Justification

This legislation was requested by the Orange County Magistrate's Association. The County of Orange is one of the fastest growing counties in the State of New York. In 2011 there were over 10,000 criminal cases filed in Orange County. The police protection in the County of Orange is divided among 32 separate local police agencies in addition to the Orange County Sheriffs Department, the New York State Police, and the New York State Park Police and the Environmental Conservation Police. The majority of these police departments including the New York State Police do not have facilities to detain persons awaiting arraignment and appearances before City, Town, and Village Courts. The burden of conducting timely arraignments at all hours of the day and night falls upon the Judges and Justices of the cities, towns, and villages who must set aside all personal, family and business interest to travel to their respective courthouses to conduct arraignments. Many arraignments occur at hours when the court is not in session and the City Judge or Town, or Village Justice must conduct the arraignment alone without the aid of any staff. During the arraignments that occur at times that the court is not normally in session, the City, Town, and Village Courts are without any security whatsoever and must rely upon the ability of the police agency to both monitor the defendant being arraigned and, at the same time, maintain the security and safety of those inside the courtroom. Arraignments of defendants at times when City, Town, and Village

Courts are not in session, oftentimes during late evenings and early mornings, pose security risks to Judges and Justices of said courts. This legislation would permit defendants to be temporarily detained pending arraignment.

Legislative history

New Bill.

Fiscal implications

None to State.

Effective date

This act shall take effect immediately, with provisions.