Requires the commissioner of correctional services to enter into agreements to house local inmates to alleviate overcrowding in local correctional facilities

Summary of provisions

Section 1 amends Section 91 of the Correction Law, as amended by section 5 of part H of chapter 56 of the laws of 2009, requiring counties to pay the cost of treatment, maintenance and custody of an inmate housed in a state facility when the State Commission on Corrections deems it necessary to alleviate overcrowding in a local facility. The section also provides for the issuance of waivers, the continuation of agreements between counties or the city of New York to enter into agreements with any counties to alleviate overcrowding. Once the State Commission on Corrections makes a determination that local inmates should be housed in a State facility pursuant to an agreement, the State Commission on Corrections can no longer mandate that a locality construct new facilities.

Section 2 amends section 91 of the Correction Law as amended by Section 10 of subpart B of part C of chapter 62 of the laws of 2011 providing that the commissioner of correction and community supervision may, subject to the provision of subdivision four of this section, enter into an agreement with the county or with the city of New York to provide for custody by the department that requires the locality to pay the cost of treatment, maintenance and custody of an inmate furnished by the department. Subdivision four provides the commissioner shall enter into an agreement with a county of the city of New York pursuant to the provisions of this section with it is determined by the state commission on corrections to be necessary to alleviate overcrowding at the local correctional facility or facilities.

Section 3 amends subdivision 4 of section 92 of the Correction Law as amended by section 6 of part H of chapter 56 of the laws of 2009.

Section 4 amends subdivision 4 of section 92 of the Correction Law as amended by section 11 of subpart B of part C of chapter 62 of the laws of 2011.

Section 5 is the effective date.

Justification

Recently, the State Department of Corrections made a recommendation to close four state correctional facilities citing the need for downsizing. At the same time, a number of county correctional facilities across the State are experiencing overcrowding issues. Several counties have been issued temporary waivers from the State

Commission on Corrections allowing them to exceed their current inmate bed capacity while some county facilities have entered into agreements with other county facilities to temporarily ease overcrowding issues.

At a time when the State is experiencing an economic downturn and building costs have escalated, we should be utilizing existing space before asking taxpayers to fund capital costs that can be avoided if a shared services approach is fiscally prudent. This bill requires the Department of Corrections to enter into an agreement with counties experiencing overcrowding if the State Commission on Corrections determines this is the best course of action to alleviate overcrowding.

Legislative history

2013-2014: A.1493 Referred to Correction / S.5933 - Reported and Committed to Finance 2011-2012: A.398A Referred to Correction / S.1429A - Reported to Finance 2009-2010: A.10191 Referred to Correction / S.1250A - Reported to Finance 2007-2008: A.11313 Referred to Correction / S.7949A - Passed Senate

Fiscal implications

Should provide significant savings to counties which would otherwise have to invest in expansion or new buildings.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to agreements entered into on or before such effective date; provided that the amendments to section 91 and 92 of the correction law made by sections one and three of this act shall be subject to the expiration and reversion of such sections pursuant to section 8 of part H of chapter 56 of the laws of 2009, as amended, when upon such date sections two and four of this act shall take effect.