What's happening
This bill requires that parole violators held in local jails for over ten business days be transferred to state facilities or that counties be reimbursed for their detention costs, with exceptions for large cities and certain court extensions.
Why it matters
Shifts financial responsibility for parole violators. The bill clarifies who pays when parole violators are held in local jails longer than ten business days, potentially reducing unfunded mandates on smaller counties and lessening the local tax burden.
Encourages prompt state action. By mandating transfer or reimbursement after ten business days, the law could pressure the state to process parole violations more efficiently and reduce unnecessary local jail overcrowding.
Creates exceptions for large cities and judicial needs. Exempting cities with over one million people (mainly New York City) and allowing court-granted extensions means the law targets mostly smaller counties, potentially leaving urban areas with different standards and pressures.
Affects jail populations and local resources. By either moving parole violators to state facilities or providing reimbursement, counties may see reduced strain on local resources, but the new procedures could also introduce administrative complexities and require coordination between local and state authorities.
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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
- 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.
Transfer Parole Detainees or Reimburse
In Assembly Committee · Correction · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1368
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. RITCHIE, AKSHAR, GALLIVAN, 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 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 are 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.
LBD00390-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the 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 provid- ing 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 hear- ing 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 facili- ty, 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
2017-2018: S.744/A.305
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.