What's happening
This bill allows the Saratoga County correctional facility to detain people awaiting arraignment and clarifies legal procedures for such detentions.
Why it matters
Expands local jail authority. The bill explicitly allows the Saratoga County correctional facility to detain people who have been arrested and are awaiting their first court appearance (arraignment), which could streamline law enforcement operations and reduce reliance on smaller, less secure holding areas.
Clarifies legal status of pre-arraignment detainees. By stating that all legal requirements for committed inmates also apply to those merely awaiting arraignment, the bill ensures detainees receive the same protections and procedures as other inmates, potentially reducing legal ambiguities or challenges.
May impact due process and detention conditions. Treating pre-arraignment detainees as if they have already been committed could affect their rights, length of detention, and access to legal counsel, raising questions about how quickly arraignments are scheduled and how detainees are managed.
Could set a precedent for other counties. By specifically authorizing this practice in Saratoga County, the bill might encourage other counties to seek similar authority, potentially reshaping how pre-arraignment detention is handled across New York State.
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Who cares
Headline styles
Allow Jail Holding for Arraignment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported referred to codes
- Referred to correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9578
IN ASSEMBLY
January 23, 2018
Introduced by M. of A. WOERNER -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the Saratoga county correctional facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 500-a of the correction law is amended by adding a new subdivision 2-s to read as follows:
2-s. The Saratoga county correctional facility may also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Saratoga.
§ 2. Section 500-c of the correction law is amended by adding a new subdivision 25 to read as follows:
25. Notwithstanding any other provision of law, in the county of Saratoga all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Saratoga county correctional facility.
§ 3. This act shall take effect immediately; provided, however, that the amendments to section 500-c of the correction law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14172-01-8
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.