Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody

Title of bill

An act to amend the executive law, in relation to temporary detention of persons whose presumptive release, parole, conditional release or post-release supervision alleged to have violated the terms of their release

Purpose

This bill would limit the temporary detention of defendants in violation of their release in a local correctional facility to three days before their transfer to state custody.

Summary of provisions

Section 1. The bill amends subparagraph (i) of paragraph (a) of subdivision 3 of section 259-i of the Executive law, as amended by Chapter 545 of the laws of 2015, to provide that parole violators who are placed in the temporary detention of a local correctional facility shall be held no longer than 72 hours before they must be transferred to a state correctional facility for further temporary detention. Section 2: Sets forth the effective date.

Justification

This bill would provide mandate relief for County government by providing that an alleged state parole violator must be transferred to a state correctional facility within 72 hours of his original detention in the county facility within the county where he was arrested.

In the 1990s the New York state Executive law was amended to require that the County, rather than the State, provide housing for state parole violators who are arrested in a specific county. This change was made because, at that time, state correctional facilities were overcrowded. Over the years New York's state facility prisoner population has lessened resulting in the recent downsizing of state facilities.

Counties, however, are still required to maintain state parole violators at a time when County budgets are strained and the costs associated with maintaining alleged state parole violators has skyrocketed. The costs of housing prisoners with medical conditions requiring specialized care and prescription drugs can have a large impact upon county budgets. These prisoners can often remain within the local facility for extended periods of time as their requests for parole hearing extensions are granted.

This bill will restore the responsibility for housing and caring for state alleged parole violators back to the state and will help alleviate the burden upon county taxpayers.

Legislative history

2014: S.2612 Passed Senate 2013: S.2612 Passed Senate 2012: S.6739/A.10237 Referred to Crimes Victims, Crime and Correction

Fiscal impact

Counties affected by this legislation will experience significant cost reductions while the State Department of Corrections will experience additional costs. It is anticipated there will be an overall reduction

in costs due to more detainee time being spent in a state facility with less overall associated cost than a county facility.

Effective date

This act shall take effect 120 days after enactment.