What's happening
This bill requires New York State to reimburse local jails and prisons for the actual daily cost of holding certain individuals not detained on criminal charges.
Why it matters
Shifts financial responsibility for certain detainees from local governments to the state. , specifically for people held in local jails or city prisons who are not detained due to new criminal charges, but for reasons like parole violations, post-release supervision, or mental health proceedings.
May provide significant budget relief to counties and cities. , especially those with high populations or large jail systems, by ensuring they are reimbursed for the actual, certified daily costs of housing these individuals, rather than relying on fixed or outdated rates.
Creates a direct incentive for accurate cost reporting and oversight. , since reimbursement is tied to the “actual per day per capita cost” as certified by local officials and approved by the state, potentially increasing transparency and accountability in jail operations.
Affects individuals held for technical or administrative reasons (not new crimes). , which could shape how local jails manage detainees and may have downstream impacts on parole, mental health, and community supervision systems.
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Who cares
Headline styles
State Pays Jail Costs
Plain English, a few words. Used as the page title.
Sponsors
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.
Pay Jails Actual Costs
In Assembly Committee · Correction · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1233
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. GALLIVAN, AKSHAR, GRIFFO, HELMING -- 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 executive law, in relation to certain reimbursement rates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 259-i of the executive law is amended by adding a new subdivision 2-a to read as follows:
2-a. Reimbursement rate. Whenever a presumptively released, paroled or conditionally released person or a person under post-release supervision or a prisoner received under the uniform act for out-of-state parolee supervision has, pursuant to this subdivision, or whenever a person confined during proceedings pursuant to article ten of the mental hygiene law been placed in any county jail or penitentiary, or a city prison operated by a city having a population of one million or more inhabitants, for any period that such person is not detained pursuant to commitment based on an indictment, an information, a simplified information, a prosecutor's information, a misdemeanor complaint or a felony complaint, an arrest warrant or a bench warrant, or any order by a court of competent jurisdiction, the state shall pay to the city or county operating such facility the actual per day per capita cost as certified to the state commissioner of corrections and community supervision services by the appropriate local official for the care of such person as approved by the director of the budget.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02950-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to certain reimbursement rates
Purpose
To reinstate the state funded reimbursement for housing parole violators in local correctional facilities eliminated in 2009.
Summary of provisions
Section 1 of the bill amends the executive law, section 259-i by adding a new subdivision 2-a.
Section 2 of the bill provides the effective date.
Justification
Prior to 2009, New York State provided forty dollars per day reimburse- ment for individuals housed in local correctional facilities due to parole violations. Under the current statutory construct, the cost asso- ciated with housing these state supervised parole violators is borne entirely by the municipality that operates the correctional facility, creating an undue financial burden for said municipality.
Factors that may contribute to a parole violator's length of stay, include but are not limited to, challenging of the parole hearing deci- sion, attorney or hearing schedules, and New York State DOCCS waiting period for transportation. Due to these factors, it is not uncommon for some of the violators to stay in county jails for lengthy periods.
Reestablishing the provisions of law that require the state to provide reimbursement is necessary in order to mitigate the financial impact to municipalities and, ultimately, to local taxpayers.
Legislative history
2017-18: S.6936/A.8899 Reported to Finance/Referred to Correction
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.