What's happening
This bill amends the correction law to require localities to pay for the costs of state custody of definite sentence inmates and sets new procedures for agreements addressing overcrowding in local correctional facilities.
Why it matters
Statewide reach. The custody agreements cover counties and New York City and people serving definite sentences longer than 90 days who would otherwise be held locally, not all local jail inmates.
Alternative to construction. Once the state commission determines an agreement is necessary to relieve overcrowding, the corrections commissioner would have to enter one, and the commission could not require the locality to build new correctional facilities. Waivers and local jail-sharing agreements would remain options.
Existing agreements affected. The bill would take effect 30 days after becoming law and expressly apply to agreements entered into on or before that date, reaching beyond future negotiations.
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Who cares
County executives and New York City’s mayor
They approve the custody agreements and would gain protection against commission-required construction after an overcrowding determination.
State corrections commissioner
The bill would replace discretion with a duty to enter an agreement when the state commission finds it necessary to alleviate local overcrowding.
State commission on corrections
Its overcrowding determinations would trigger mandatory agreements, while it would retain discretion to issue waivers instead.
Sheriffs and New York City correction officials
The bill would preserve county agreements with neighboring counties and New York City agreements with any county in the state as ways to relieve overcrowding.
Headline styles
Change Jail Inmate Custody Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- 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.
Update Prison Custody Agreements
In Assembly Committee · Correction · Sponsor Aileen Gunther
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3833
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sens. RITCHIE, MARCHIONE -- 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 agreements for custody of definite sentence inmates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 91 of the correction law, as amended by section 5 of part H of chapter 56 of the laws of 2009, is amended to read as follows:
§ 91. Agreements for custody of definite sentence inmates. 1. The commissioner may, subject to the provisions of subdivision five of this section, enter into an agreement with any county or with the city of New York to provide for custody by the department of persons who receive definite sentences of imprisonment with terms in excess of ninety days who otherwise would serve such sentences in the jail, workhouse, penitentiary or other local correctional [institution] facility maintained by such locality; provided, however, that a person committed to the custody of the department pursuant to an agreement established by this section, except a person committed pursuant to an agreement with the city of New York, shall be delivered to a reception center designated by the commissioner for an initial processing period which shall be no longer than seven days, and thereafter, shall be transferred to a general confinement correctional facility located in the same county or in a county adjacent to the county where such person would otherwise be committed to a local correctional facility. In the event, however, that exigent circumstances related to health, safety or security arise which require the immediate transfer of an inmate to a different facility not within the county or adjacent county, then the department shall, as soon thereafter as practicable, arrange for such inmate to be returned to the jurisdiction of the county from which he or she was committed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04041-01-7
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2. Any such agreement, except one that is made with the city of New York, may be made with the sheriff, warden, superintendent, local commissioner of correction or other person in charge of such [county institution] local correctional facility and shall be subject to the approval of the chief executive officer of the county. An agreement made with the city of New York may be made with the commissioner of correction of that city and shall be subject to the approval of the mayor.
3. An agreement made under this section [shall require the locality to pay the cost of treatment, maintenance and custody furnished by the department, and the costs incurred under subdivision two or three of section one hundred twenty-five of this chapter relating to the provision of clothing, money and transportation upon release or discharge of inmates delivered to the department pursuant to the agreement, and] shall contain at least the following provisions:
(a) A provision that requires the locality to pay the cost of treatment, maintenance, and custody of an inmate furnished by the department;
(b) A provision specifying the minimum length of the term of imprisonment of persons who may be received by the department under the agreement, which may be any term in excess of ninety days agreed to by the parties and which need not be the same in each agreement;
[(b)] (c) A provision that no charge will be made to the state or to the department or to any of its institutions during the pendency of such agreement for delivery of inmates to the department by officers of the locality, and that the provisions of section six hundred two of this chapter or of any similar law shall not apply for delivery of inmates during such time;
[(c)] (d) A provision for reimbursement by the locality to the department to pay the cost of treatment, maintenance and custody of an inmate furnished by such locality pursuant to subdivision four of section ninety-five of this article;
(e) Designation of the correctional facility or facilities to which persons under sentences covered by the agreement are to be delivered;
[(d)] (f) A provision requiring the department to provide transitional services upon the release of persons committed to the custody of the department pursuant to an agreement established by this section;
[(e)] (g) Any other provision the commissioner may deem necessary or appropriate; and
[(f)] (h) A provision giving either party the right to cancel the agreement by giving the other party notice in writing, with cancellation to become effective on such date as may be specified in such notice.
4. Notwithstanding any other provision of law, the commissioner shall be authorized to grant, withhold, cause to be forfeited, or cancel time allowances as provided in and in compliance with section eight hundred four of this chapter.
5. (a) Notwithstanding the provisions of paragraph (h) of subdivision three of this section, the commissioner shall enter into an agreement with a county or the city of New York pursuant to the provisions of this section when it is determined by the state commission on corrections to be necessary to alleviate overcrowding at the local correctional facility or facilities. Upon such determination, a county or the city of New York shall not be required by the state commission on corrections to construct new correctional facilities.
(b) Nothing in this section shall preclude the state commission on corrections from issuing waivers pursuant to this article, if in the discretion of the state commission on corrections the issuance of the
S. 3833 3
waiver is more appropriate than the agreement provided for in this section.
(c) Nothing in this section shall preclude a county from entering an agreement with a contiguous county or prohibit the continuation of any existing agreement between the counties for the alleviation of overcrowding at a local correctional facility.
(d) Nothing in this section shall preclude the city of New York from entering into agreements with any county within the state to alleviate overcrowding at its local facilities.
6. A copy of such agreement shall be filed with the secretary of state and with the clerk of each court having jurisdiction to impose sentences covered by the agreement in the county or city to which it applies.
§ 2. Section 91 of the correction law, as amended by section 10 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
§ 91. Agreements for custody of definite sentence inmates. 1. The [state] commissioner of corrections and community supervision may, subject to the provisions of subdivision four of this section enter into an agreement with any county or with the city of New York to provide for custody by the [state] department [of corrections and community supervision] of persons who receive definite sentences of imprisonment with terms in excess of ninety days who otherwise would serve such sentences in the jail, workhouse, penitentiary or other local correctional [institution] facility maintained by such locality.
2. Any such agreement, except one that is made with the city of New York, may be made with the sheriff, warden, superintendent, local commissioner of correction or other person in charge of such [county institution] local correctional facility and shall be subject to the approval of the chief executive officer of the county. An agreement made with the city of New York may be made with the commissioner of correction of that city and shall be subject to the approval of the mayor.
3. An agreement made under this section [shall not require the locality to pay the cost of treatment, maintenance and custody furnished by the state department of corrections and community supervision and] shall contain at least the following provisions:
(a) A provision that requires the locality to pay the cost of treatment, maintenance and custody of an inmate furnished by the department;
(b) A provision specifying the minimum length of the term of imprisonment of persons who may be received by the [state] department [of corrections and community supervision] under the agreement, which may be any term in excess of ninety days agreed to by the parties and which need not be the same in each agreement;
[(b)] (c) A provision that no charge will be made to the state or to the [state] department [of corrections and community supervision] or to any of its institutions during the pendency of such agreement for delivery of inmates to the [state] department [of corrections and community supervision] by officers of the locality, and that the provisions of section six hundred two of this chapter or of any similar law shall not apply for delivery of inmates during such time;
[(c)] (d) A provision that no charge shall be made to or shall be payable by the state during the pendency of such agreement for the expense of maintaining parole violators pursuant to section two hundred [sixteen] fifty-nine-i of [this chapter] the executive law, for the expense of maintaining coram nobis prisoners pursuant to section six hundred one-b of this chapter, or for the expense of maintaining felony
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prisoners pursuant to section six hundred one-c of this chapter[, or for the expense of maintaining alternative local reformatory inmates pursuant to section eight hundred thirty-five in institutions maintained by the locality];
[(d)] (e) A provision, approved by the state comptroller, for reimbursement of the [state] department [of corrections and community supervision] by the locality for expenses incurred under subdivision two or three of section one hundred twenty-five of this chapter relating to clothing, money and transportation furnished upon release or discharge of inmates delivered to the [state] department [of corrections and community supervision] pursuant to the agreement;
(f) A provision for reimbursement by the locality to the department to pay the cost of treatment, maintenance and custody of an inmate furnished by such locality pursuant to subdivision four of section ninety-five of this article;
[(e)] (g) Designation of the correctional facility or facilities to which persons under sentences covered by the agreement are to be delivered;
[(f)] (h) Any other provision the [state] commissioner [of corrections and community supervision] may deem necessary or appropriate; and
[(g)] (i) A provision giving either party the right to cancel the agreement by giving the other party notice in writing, with cancellation to become effective on such date as may be specified in such notice.
4. (a) Notwithstanding the provisions of paragraph (i) of subdivision three of this section, the commissioner shall enter into an agreement with a county or the city of New York pursuant to the provisions of this section when it is determined by the state commission on corrections to be necessary to alleviate overcrowding at the local correctional facility or facilities. Upon such determination, a county or the city of New York shall not be required by the state commission on corrections to construct new correctional facilities.
(b) Nothing in this section shall preclude the state commission on corrections from issuing waivers pursuant to this article, if in the discretion of the state commission on corrections the issuance of the waiver is more appropriate than the agreement provided for in this section.
(c) Nothing in this section shall preclude a county from entering an agreement with a contiguous county or prohibit the continuation of any existing agreement between counties for the alleviation of overcrowding at a local correctional facility or facilities.
(d) Nothing in this section shall preclude the city of New York from entering into agreements with any county within the state to alleviate overcrowding at its local facilities.
5. A copy of such agreement shall be filed with the secretary of state and with the clerk of each court having jurisdiction to impose sentences covered by the agreement in the county or city to which it applies.
§ 3. Subdivision 4 of section 92 of the correction law, as amended by section 6 of part H of chapter 56 of the laws of 2009, is amended to read as follows:
4. In the event any such agreement is cancelled, inmates delivered to the department prior to the date of cancellation shall continue to serve their sentences in the custody of such department and the provisions of such agreement shall continue to apply with respect to such inmates. A copy of the notice of cancellation shall be filed with the secretary of state and with the clerks of courts in the manner provided in subdivision [four] six of section ninety-one of this article, and no inmates
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shall be delivered to the custody of the department under such agreement after the date on which such cancellation becomes effective.
§ 4. Subdivision 4 of section 92 of the correction law, as amended by section 11 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
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 agreements for custody of definite sentence inmates
Purpose
Requires the Commissioner of the Department of Corrections to enter into agreements to house local inmates when the State Commission on Corrections determines it necessary to alleviate overcrowding at local correctional facilities.
Summary of provisions
Section 1 amends Section 91 of the Correction Law, as amended by section 5 of part H of chapter 56 of the laws of 2009, requiring counties to pay the cost of treatment, maintenance and custody of an inmate housed in a state facility when the State Commission on Corrections deems it necessary to alleviate overcrowding in a local facility. The section also provides for the issuance of waivers, the continuation of agreements between counties or the city of New York to enter into agreements with any counties to alleviate overcrowding. Once the State Commission on Corrections makes a determination that local inmates should be housed in a State facility pursuant to an agreement, the State Commission on Corrections can no longer mandate that a locality construct new facilities.
Read the full memo (720 words)
Section 2 amends section 91 of the Correction Law as amended by Section 10 of subpart B of part C of chapter 62 of the laws of 2011 providing that the commissioner of correction and community supervision may, subject to the provision of subdivision four of this section, enter into an agreement with the county or with the city of New York to provide for custody by the department that requires the locality to pay the cost of treatment, maintenance and custody of an inmate furnished by the department. Subdivision four provides the commissioner shall enter into an agreement with a county of the city of New York pursuant to the provisions of this section with it is determined by the state commission on corrections to be necessary to alleviate overcrowding at the local correctional facility or facilities.
Section 3 amends subdivision 4 of section 92 of the Correction Law as amended by section 6 of part H of chapter 56 of the laws of 2009.
Section 4 amends subdivision 4 of section 92 of the Correction Law as amended by section 11 of subpart B of part C of chapter 62 of the laws of 2011.
Section 5 is the effective date.
Justification
Recently, the State Department of Corrections made a recommendation to close four state correctional facilities citing the need for downsizing. At the same time, a number of county correctional facilities across the State are experiencing overcrowding issues. Several counties have been issued temporary waivers from the State Commission on Corrections allowing them to exceed their current inmate bed capacity while some county facilities have entered into agreements with other county facilities to temporarily ease overcrowding issues.
At a time when the State is experiencing an economic downturn and building costs have escalated, we should be utilizing existing space before asking taxpayers to fund capital costs that can be avoided if a shared services approach is fiscally prudent. This bill requires the Department of Corrections to enter into an agreement with counties experiencing overcrowding if the State Commission on Corrections determines this is the best course of action to alleviate overcrowding.
Legislative history
2015-2016: S.2394 Reported and Committed to finance/A.781 Referred to Corrections 2013-2014: A.1493 Referred to Correction / S.5933 - Reported and Committed to Finance 2011-2012: A.398A Referred to Correction / S.1429A - Reported to Finance 2009-2010: A.10191 Referred to Correction / S.1250A - Reported to Finance 2007-2008: A.11313 Referred to Correction / S.7949A - Passed Senate
Fiscal implications
Should provide significant savings to counties which would otherwise have to invest in expansion or new buildings.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to agreements entered into on or before such effective date; provided that the amendments to section 91 and 92 of the correction law made by sections one and three of this act shall be subject to the expiration and reversion of such sections pursuant to section 8 of part H of chapter 56 of the laws of 2009, as amended, when upon such date sections two and four of this act shall take effect.
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