What's happening
This bill requires the cost of incarcerating non-violent felony offenders to be made public and available at sentencing.
Why it matters
Increases transparency in sentencing. by making the financial cost of incarcerating non-violent felony offenders publicly available, allowing taxpayers and policymakers to see the direct fiscal impact of these sentences.
Gives judges access to cost information. before sentencing, which could influence their decisions or at least make the sentencing process more informed about the economic trade-offs.
May prompt broader public debate. about the use of incarceration for non-violent offenses, potentially leading to calls for alternative sentencing, criminal justice reform, or budget reallocations.
Creates a new administrative responsibility. for the Department of Corrections and Community Supervision, requiring them to estimate and provide incarceration costs upon judicial request, potentially increasing data-driven decision-making within the justice system.
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Show Prison Costs Publicly
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Sponsors
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History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4949
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the correction law, in relation to making the cost of incarceration for non-violent felony offenders available to the public
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new article 425 to read as follows:
ARTICLE 425--COST OF INCARCERATION FOR NON-VIOLENT FELONS MADE
PUBLIC Section 425.10 Cost of incarceration for non-violent felons made public. § 425.10 Cost of incarceration for non-violent felons made public.
1. Upon imposing a sentence of incarceration for a conviction of a non-violent felony offense, the sentencing judge shall make such cost available to the public.
2. At the request of the sentencing judge, an estimate of such cost shall be provided by the department of corrections and community supervision to the sentencing judge prior to the imposition of such sentence.
3. For purposes of this section, non-violent felony offense shall mean and include any felony not defined in subdivision one of section 70.02 of the penal law.
§ 2. The correction law is amended by adding a new section 601-e to read as follows:
§ 601-e. Cost of incarceration for non-violent felony offenders. The department shall provide a sentencing court with an estimate of the cost of incarceration for a non-violent felony offender at the request of a sentencing judge.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07299-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law and the correction law, in relation to making the cost of incarceration for non-violent felony offenders available to the public
Purpose or general idea of bill
To make the cost of incarceration available to the public for nonviolent felony offenders.
Summary of specific provisions
Section 1. Amends the criminal procedure law by adding a new Article 425. Requires the sentencing judge to make the cost of incarceration available to the public when a sentence of incarceration is imposed upon a nonviolent felony offender. Requires the Department of Correctional Services to provide an estimate of the cost of incarceration upon the request of the sentencing judge prior to sentencing. Defines nonviolent felony offenses.
Section 2. Amends the correction law by adding a new section 601-e. Requires the Department of Correctional Services to provide an estimate of the cost of incarceration for a nonviolent felony offender at the request of the sentencing judge.
Section 3. Effective Date.
Existing law
None.
Justification
When nonviolent felony offenders receive a sentence of incarceration, the cost of their incarceration should be made available to the public. Taxpayers after all, pay the cost of incarceration and they should know how their taxes are being spent.
This bill would require the Department of Corrections, upon the request of the sentencing judge, to provide an estimate of the cost of incarceration for nonviolent felony offenders. Knowledge of the cost of incarceration may increase the use of less expensive alternatives to incarceration when such alternatives are appropriate.
Prior legislative history
2016: S.474-REFERRED TO CODES 2105: S.474- REFERRED TO CODES 2014: S.11 - Referred to Codes 2013: S.11 - Referred to Codes 2012: S.501 - Referred to Crime, Victims, Crime and Correction 2011: S.501 - Discharged from Codes, Committed to Crime, Victims, Crime and Correction 2010: S.8494 - Referred to Rules
Fiscal implications
Undetermined.
Effective date
Sixty days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.