Authorizes attorneys of the state commission of correction to issue substitute jail designations

BILL NUMBER:S4378

Title of bill

An act to amend the correction law, in relation to authorizing commission attorneys to issue substitute jail designations

Purpose of Bill:

This bill would amend the Correction Law to authorize attorneys employed by the State Commission of Correction (SCOC or Commission) to issue substitute jail designations when a jail becomes unfit or unsafe for the confinement of inmates.

Summary of Provisions:

Section one of the bill would amend Correction Law § 504 by adding a new subdivision five to permit attorney employed by the Commission to issue substitute jail designations.

Section two of the bill provides that the bill would take effect immediately.

Existing Law:

Under Correction Law § 504(1), if a local jail becomes unfit or unsafe for some or all of the inmates confined in the jail, the Commission may grant the county's application to designate an alternate location within the county, or a jail in another county, as the "substitute jail." As drafted, section 504(1) provides that such a substitute jail designation must be filed in the county clerk's office by the "the state commission of correction." In the same manner, a designation may be amended, modified or revoked by the Commission. Correction Law 41(1) provides that the "state commission of correction" shall consist of "three persons to be appointed by the governor, by and with the advice and consent of the senate."

Prior Legislative History:

This is a new bill.

Statement in Support:

The Commission uses substitute jail designations to assist local correctional facilities in population management. If a substitute jail designation is in place, an overcrowded jail may send inmates to a less crowded jail in order to maintain authorized population levels, to maintain statutorily mandated inmate classifications and to provide unique services, sometimes medical or mental health related, in the event that the local facility is unable or poorly equipped to provide those services.

On any given day, approximately six hundred local inmates are subject to these substitute jail designations, and each designation requires a formal document that is issued by the Commission and filed with the county clerk of the designated county. As a result, there is a paperwork, which under the current statute, can only be issued by a Commissioner. Because Commissioners do not necessarily reside in Albany, and their work frequently takes them into the field, it is a

challenge to grant counties' requests for these designations, and for the Commission to make amendments and revocations of the designations, in a timely and efficient manner. By allowing attorneys employed by the Commission to execute and issue these documents, the Commission's workflow will become more efficient, and the needs of the county jails will be better and more promptly met.

Budget Implications:

None.

Effective Date:

This bill would take effect immediately.