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S5895Senate2015-2016 SessionSame asA7874

Relates to special proceedings

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

Chair, Cities

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7874Assembly

Relates to special proceedings

Assembly Floor Calendar · Sponsor Aravella Simotas

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S5895

Title of bill

An act to amend the civil practice law and rules, in relation to special proceedings

Summary of provisions

Section one of this bill amends section 506 of the civil practice law and rules by adding a new subdivision 5 which would allow an inmate filing an article 78 petition challenging a denial of release by the board of parole to be able to file such petition in the county of his or her conviction, in addition to the county of incarceration and Albany County.

Section two is the effective date.

Justification

Counties have often complained that their courts are burdened by applications from inmates for poor person status followed by petitions for appeals from administrative determinations, parole denials, marriage applications, divorce applications, frivolous lawsuits and other such matters generated by inmates housed in counties with prisons. Counties such as Clinton, Franklin, Chemung, Essex, Washington, Wyoming, Livingston and others send very few citizens to prison but bear the disproportionate impact of inmate litigation because the prisons are located in these counties.

This bill would alleviate this burden by allowing an inmate who files an article 78 appealing an article 78 challenging a parole board decision to deny release to file such petition in the county of conviction. There are approximately 4000 such appeals by inmates each year, half of whom come from the five boroughs of New York City, and the other half of whom come from urban upstate communities in counties with larger cities such as Erie, Onondaga, Albany and Orange. This bill would provide local mandate relief to counties whose courts are unduly burdened by inmate filings.

This bill does leave the option to file such appeals locally or to file them in the county of Albany where the Board of Parole has its principal office.

Legislative history of bill

This is a new bill.

Fiscal implications

This bill provides mandate relief to the courts of upstate rural counties where prisons are located and shifts such burden to the courts of urban and downstate metropolitan counties.

Effective date

Ninety days after enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.