What's happening
This bill requires the state to transfer parole violators from local jails to state prisons after ten business days or reimburse counties for detention costs.
Why it matters
Shifts financial responsibility for parole violators from counties to the state after 10 business days. , meaning local taxpayers and sheriffs are less burdened when parole violators are held in local jails, unless the state promptly transfers them to state prisons.
Creates a clear incentive for the state to act quickly in transferring parole violators. , potentially reducing jail overcrowding and unpredictability in local correctional budgets.
Exempts New York City and allows for judicial extensions. , meaning the policy targets upstate and suburban counties, while still permitting longer local detention if a court finds it necessary, offering some flexibility for unique cases.
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Who cares
Headline styles
Move Parole Violators After 10 Days
Plain English, a few words. Used as the page title.
Sponsors
History
- Reported and committed to finance
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 46–16
- Ordered to third reading cal.1375
- Committee discharged and committed to rules
- 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.
Move Parole Violators After 10 Days
In Assembly Committee · Correction · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
744
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sens. RITCHIE, GALLIVAN, 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 parole violators
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 23-a to read as follows:
§ 23-a. Transfer of parole violators. 1. If any person presumptively released, paroled, conditionally released, released to post-release supervision, or received under the uniform act for out-of-state parolee supervision shall have been arrested for violating one or more conditions of his or her presumptive release, parole, conditional release or post-release supervision, such person, after ten business days in any local correctional facility, shall either be:
a. transferred to a state correctional facility, with the costs and responsibilities associated with such transfer borne by the department pursuant to section six hundred two of this chapter; or
b. kept in such local correctional facility, with the county's costs of such temporary detainment reimbursed by the department where such person has been convicted of a parole violation and a sentence has been pronounced which requires that he or she be committed to the custody of the commissioner.
2. The provisions of subdivision one of this section shall not apply in any city having a population of one million or more inhabitants, or if the appropriate court grants an extension authorizing the detainee to remain in the local correctional facility for up to twenty days per extension.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02983-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to parole violators
Purpose
To require parole violators to be transferred to a state correctional facility after 10 business days in a local correctional facility.
Summary of provisions
Section 1 amends the Correction Law by adding a new section 23-a providing that, except for in cities with a population over one million, after a period of ten business days in a local correctional facility those individuals in violation of their parole be heard by the court and either transferred to a state facility at a cost of the Department of Correctional and Community Supervision, granted an extension by the local court, or released by the local court. Section 2 is the effective date.
Justification
When incarcerated persons are released on parole from state facilities, violators should be punished. Currently, those who violate their parole are often held at local facilities while appeals and extensions on hearing the violation are granted by the court. The defendant must appear before the court within 10 business days of the court's notice to appear. The time the violator spends in the local correctional facility is credited to their sentence and can last for the sentence's duration.
This bill will give the court the option to grant an extension up to 20 days for the defendant's stay at the local correctional facility. Under the current law, the parole violator is transferred by Department of Correctional and Community Supervision (DOCCS) to a state facility. This bill permits the parole violator to stay at the local correction facility, but requires DOCCS to reimburse the local facility for the cost of the temporary detainment of the parole violator.
With overcrowding issues in local facilities at significant cost to the localities, it is important to implement policies that will require the state to be responsible for detaining violators of the parole they set. It is wrong for the localities to berthed cost of detaining the state's prisoners who have been released on parole.
History
2015-2016: S.1834/A.1112 2013-2014: S.3697/A.2314
Fiscal impact
Significant cost savings will be realized by the counties while the State Department of Correctional and Community Supervision will take on additional costs. Overall, more efficiency and cost savings will be realized as it is generally more expensive to house prisoners at county correctional facilities than at state facilities.
Effective date
This act shall take effect on the 120th day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.