Relates to the transfer of certain inmates

Summary of provisions

Section one of this bill amends the Correction Law by adding a new section 530. Subdivision one of this new section provides that when an inmate who has been in the custody of the New York City Commissioner of Correction for more than one year is subjected to a disciplinary proceeding for committing an offense defined in subdivision 4 of this new section, found guilty of such offense, and such finding was not overturned on appeal, the Commissioner shall apply to the State Commission of Correction for and be granted a substitute jail order for such inmate and the inmate will be transferred to a State correctional facility.

Subdivision two of this new section provides that if an inmate is transferred to a facility that is over 100 miles from New York City, the inmate will be afforded the opportunity to meet with his or her counsel at the State correctional facility that is closest to New York City.

Subdivision three of this new section provides that the New York State Commissioner of the Department of Corrections and Community Supervision shall determine, in accordance with the Department's standards, whether New York City will be required to reimburse the State for the costs of confinement.

Subdivision four of this new section provides the list of offenses for which this section applies. These offenses are:

- Assault resulting in the physical injury of another person, - Assault using a weapon, regardless of whether such assault results in physical injury, - Possession of a razor outside of the housing area where the inmate is confined, - Rape or sexual abuse of another person, and - Attempted rape or sexual abuse of another person.

Section two of this bill provides that this act shall take effect on the thirtieth day after it shall have become a law.

Current law

Correction Law section 504 allows the State Commission of Correction to, upon application, issue a substitute jail order when a jail is unsafe or unfit for the confinement of some or all of the inmates and there is no other available jail in the County.

Justification

Municipal prisons, such as Riker's Island in New York City, are not meant to hold any one inmate for more than one year. Many of the inmates at Riker's Island are there for parole or probation violations. Frequently, these inmates are at Riker's Island for more than one year while they await adjudication on their parole or probation violation charges. Many of these inmates commit criminal offenses while they are awaiting adjudication.

While Riker's Island does have a disciplinary system to punish those inmates who commit certain violent criminal offenses while on Riker's Island, many of these inmates know how to work the system so that the amount of time that they spend in solitary confinement after being found guilty is significantly diminished. Once these inmates are released from solitary confinement, they are able to commit another violent offense.

This cycle of violence, discipline, and violence after being returned to the general population needs to end. Even though the Commissioner of Correction is currently afforded the opportunity to request a substitute jail order when a jail becomes unsafe for the confinement of some of the inmates, the Commissioner's ability to make these requests is hampered because they are subject to the Mayor's approval.

The Commissioner of Correction is in the best position to determine whether an inmate who has been disciplined for violence poses a threat to other inmates and Correction Officers. This bill would give the Commissioner of Correction the ability to obtain a substitute jail order when an inmate poses a threat to the safety of other inmates at Riker's Island.

Legislative history

New bill

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.