What's happening
The bill requires the transfer or reimbursement for parole violators held over ten days in local jails in Jefferson, Oswego, and St. Lawrence counties.
Why it matters
Shifts financial responsibility for extended local detention of parole violators. By requiring the state to either transfer parole violators to a state facility or reimburse counties after ten business days, the bill aims to reduce the financial burden on Jefferson, Oswego, and St. Lawrence counties that currently pay to house these individuals while awaiting state action.
Creates a deadline to avoid indefinite local holding. The mandated ten-business-day transfer or reimbursement deadline pressures state authorities to process parole violations more efficiently, potentially reducing lengthy local jail stays that strain local resources and may impact detainees’ rights.
Includes flexibility for exceptional cases. Courts can authorize local facilities to hold individuals for up to 20 additional days per extension, allowing for necessary judicial discretion in complex or delayed cases while still maintaining overall time limits.
Temporary measure subject to review. The law is set to expire after two years, indicating it is a pilot or interim solution that will be reassessed, ensuring legislators revisit its impact on local jails, county finances, and the management of parole violations.
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Who cares
Headline styles
Move Parole Violators to State
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Move Parole Violators to State Prisons
In Assembly Committee · Correction · Sponsor Kenneth Blankenbush
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
867
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. RITCHIE -- 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 in Jefferson, Oswego, and Saint Lawrence counties; and providing for the repeal of such provisions upon expiration thereof
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. In the counties of Jefferson, Oswego, and St. Lawrence, 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 if the appropriate court grants an extension authorizing the detainee to remain in the local correctional facility for up to twenty days per extension.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06858-01-7
S. 867 2
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall expire and be deemed repealed 2 years after such effective date. 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.
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 in Jefferson, Oswego, and Saint Lawrence counties; and providing for the repeal of such provisions upon expiration thereof
Purpose
To establish a two year pilot program in the counties of Jefferson, Oswego, and Saint Lawrence for 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, which establishes that in the counties of Jefferson, Oswego, and Saint Lawrence, 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 the cost of the Department of Correction and Community Supervision, granted an extension by the local court, or released by the local court.
Section 2 provides 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: S3306 Passed the Senate/A.5210 Held for consideration in Correction. 2013-2014: S.5423 Passed the Senate / A.7933 Referred to Correction
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 and shall expire and be deemed repealed two years after such effective date. 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.