What's happening
This bill allows certain New York City inmates found guilty of serious offenses to be transferred to state correctional institutions.
Why it matters
Targets inmates guilty of severe in-jail offenses. The bill applies only to NYC inmates who have already spent at least a year in city custody and have been found guilty in disciplinary proceedings (not overturned on appeal) of serious infractions such as assault, weapon possession, and sexual offenses—meaning it focuses on significant, repeated behavioral problems rather than minor rule-breaking.
Shifts burden and responsibility to state prisons. By transferring these individuals to state correctional institutions, the bill can affect state prison populations, resource allocation, and potentially the safety and management dynamics of both city and state facilities.
Addresses legal and due process concerns. The bill includes provisions for inmates transferred more than 100 miles from NYC to meet with their legal counsel at a closer facility before being moved further away, aiming to protect their right to legal access despite the relocation.
Creates financial implications for NYC. The legislation empowers the state to require New York City to reimburse some or all of the costs of housing these transferred inmates, potentially shifting correctional expenses and encouraging the city to manage its inmate population more carefully.
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Who cares
Headline styles
Transfer Inmates for Major Offenses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to correction
- Referred to correction
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.
Transfer Violent Inmates to State
In Senate Committee · Finance · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2978
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the transfer of certain inmates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The correction law is amended by adding a new section 530 to read as follows:
§ 530. Transfer of certain inmates. 1. Notwithstanding any provision of law to the contrary, any inmate in the custody of the commissioner of correction for the city of New York who, having been in such custody for a period of at least three hundred sixty-five consecutive days, engaged in conduct for which he or she was subject to a disciplinary proceeding resulting in a determination of guilt for an offense described in subdivision four of this section and such determination was not overturned on the appeal, if any, taken from such determination, shall be subject to transfer to a state correctional institution. The commissioner, as the chief administrative officer, shall within two days of the expiration of the period of time for such inmate to appeal from such determination or the denial of such inmate's appeal, whichever is later, submit a written request to the commission of correction for a substitute jail order for such inmate. Upon receipt of such request, the commission shall issue the requested substitute jail order within two days and such inmate shall be transferred to a state correctional institution in accordance with the rules and regulations promulgated by the commission governing the temporary transfer of inmates to state correctional institutions from county jails, and if no such rules and regulations have been promulgated, such inmate shall be transferred to the nearest correctional facility, to the maximum extent practicable, taking into account necessary security until such inmate is no longer in the custody of the commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04213-01-7
A. 2978 2
2. When the distance between the city of New York correctional institution from which an inmate is transferred and the state correctional institution to which an inmate is transferred exceeds one hundred miles, such inmate shall be afforded the opportunity to meet with his or her counsel at the state correctional facility closest to the city of New York. Such inmate shall be transported to such state correctional facility to meet with his or her counsel, and upon conclusion of such meeting, such inmate shall be transported to the state correctional facility to which he or she was transferred pursuant to this section.
3. The commissioner of corrections and community supervision shall, based on standards promulgated by the department, determine whether the city of New York shall reimburse the state for any or all of the actual costs of confinement as approved by the director of the division of the budget.
4. For the purposes of this section, the term "offense" shall mean:
(a) assault resulting in the physical injury of another person;
(b) assault using a weapon, regardless of whether such assault results in physical injury;
(c) possession of a razor outside of the housing area to which the possessor was confined;
(d) rape or sexual abuse of another person; or
(e) attempted rape or sexual abuse of another person.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.