What's happening
This bill allows certain New York City inmates guilty of serious disciplinary offenses to be transferred to state correctional facilities.
Why it matters
Targets repeat and serious offenders. The bill specifically applies to New York City inmates who have been incarcerated for at least a year and have been found guilty of major disciplinary offenses (such as assault, weapon possession, or sexual abuse) that were upheld even after any appeal, focusing on those considered most disruptive or dangerous in city jails.
State facilities as a disciplinary tool. By enabling transfers to state correctional institutions, the legislation seeks to address challenges faced by city jails in managing high-risk inmates, potentially improving safety and discipline for both staff and other inmates within city facilities.
Impacts inmate rights and legal access. If transferred more than 100 miles from NYC, inmates must be given a chance to meet with their legal counsel at the nearest state facility to the city before final transfer, aiming to balance security needs with access to legal representation, though the process may still make it harder for inmates to maintain contact with family and lawyers.
Financial implications and city-state relations. The law allows for the possibility that New York City may need to reimburse the state for some or all of the costs of housing these transferred inmates, which could shift financial burdens and influence negotiations or cooperation between city and state correctional systems.
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Who cares
Headline styles
Transfer Violent Inmates to State
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to crime victims, crime and correction
- Reported and committed to finance
- Referred to crime victims, crime and 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 Inmates for Major Offenses
In Assembly Committee · Correction · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1628
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04213-01-7
S. 1628 2
necessary security until such inmate is no longer in the custody of the commissioner.
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.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to the transfer of certain inmates
Purpose
To provide the New York City Commissioner of Correction with the ability to transfer inmates who have been disciplined for violent offenses to a State correctional facility
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.
Read the full memo (705 words)
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
2015 - 2016: S.3238 - Referred to Crime Victims, Crime and Correction
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.