Requires parole violators to be transferred to state correctional facilities after 10 days in a local correctional facility

4 Co-sponsors

• Rich Funke
• Patrick M. Gallivan
• Joseph A. Griffo
• Kathleen A. Marchione

BILL NUMBER:S1834

Title of bill

An act to amend the correction law, in relation to parole violators

Purpose

To require parole violators to be transferred to a state correctional facility after 10 business days in a local correctional facility.

Summary of provisions

Section 1 amends the Correction Law by adding a new section 23-a providing that, except for in cities with a population over one million, after a period of ten business days in a local correctional facility those individuals in violation of their parole be heard by the court and either transferred to a state facility at a cost of the Department of Correctional and Community Supervision, granted an extension by the local court, or released by the local court. Section 2 is the effective date.

Justification

When incarcerated persons are released on parole from state facilities, violators should be punished. Currently, those who violate their parole are often held at local facilities while appeals and extensions on hearing the violation are granted by the court. The defendant must appear before the court within 10 business days of the court's notice to appear. The time the violator spends in the local correctional facility is credited to their sentence and can last for the sentence's duration.

This bill will give the court the option to grant an extension up to 20 days for the defendant's stay at the local correctional facility. Under the current law, the parole violator is transferred by Department of Correctional and Community Supervision (DOCCS) to a state facility. This bill permits the parole violator to stay at the local correction facility, but requires DOCCS to reimburse the local facility for the cost of the temporary detainment of the parole violator.

With overcrowding issues in local facilities at significant cost to the localities, it is important to implement policies that will require the state to be responsible for detaining violators of the parole they set. It is wrong for the localities to berthed cost of detaining the state's prisoners who have been released on parole.

History

2013-2014: S.3697/A.2314

Fiscal impact

Significant cost savings will be realized by the counties while the State Department of Correctional and Community Supervision will take on additional costs. Overall, more efficiency and cost savings will be

realized as it is generally more expensive to house prisoners at county correctional facilities than at state facilities.

Effective date

This act shall take effect on the 120th day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.