What's happening
This bill allows the Orange County Correctional Facility to detain individuals under arrest who are awaiting arraignment or court appearance.
Why it matters
Expands the authority of the Orange County Correctional Facility. to include holding individuals who have been arrested but not yet formally charged or arraigned, potentially impacting how and where people are detained during the critical period before their initial court appearance.
Treats pre-arraignment detainees as if they were already judicially committed. to the sheriff’s custody, which may influence detainees’ legal rights, access to counsel, and the conditions under which they are held.
Could streamline law enforcement and court operations. in Orange County by centralizing detention for those awaiting arraignment, possibly reducing the logistical burden of transporting detainees between various holding locations and courts.
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Who cares
Headline styles
Hold Detainees in County Jail
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1310
- Committee discharged and committed to rules
- Print number 4270a
- Amend and recommit 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.
Hold Arrestees in County Jail
In Assembly Committee · Correction · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4270--A
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to authorizing the use of the Orange county correctional facility for the detention of persons under arrest being held for arraignment or appearance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 500-a of the correction law is amended by adding a new subdivision 2-t to read as follows:
2-t. The Orange county correctional facility may also be used for the detention of persons under arrest being held for arraignment or appearance in any court located in the county of Orange.
§ 2. Section 500-c of the correction law is amended by adding a new subdivision 26 to read as follows:
26. Notwithstanding any other provision of law, in the county of Orange all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment or appearance prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Orange county correctional facility.
§ 3. This act shall take effect immediately, provided that the amendment to section 500-c of the correction law, made by section two of this act, shall not affect the repeal of such section pursuant to section 12 of chapter 907 of the laws of 1984, as amended, and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10430-02-9
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 authorizing the use of the Orange county correctional facility for the detention of persons under arrest being held for arraignment or appear- ance
Purpose
To permit defendants to be temporarily detained pending arraignment in the Orange County Correctional Facility.
Summary of provisions
Section 1: Section 500-a of the correction law is amended by adding a new subdivision 2-1 permitting the orange county correctional facility to be used for the detention of persons under arrest being held for arraignment or appearance in any court located in the County of Orange.
Section 2: Section 500-c of the correction law is amended by adding a new subdivision 18.
Section 3: Effective Date
Justification
This legislation was requested by the Orange County Magistrate's Associ- ation. Police protection in the County of Orange is divided among 32 separate local police agencies in addition to the Orange County Sher- iff's Department, the New York State Police, and the New York State Park Police and the Environmental Conservation Police. The majority of these police departments including the New York State Police do not have facilities to detain persons awaiting arraignment and appearances before City, Town, and Village Courts. The burden of conducting timely arraign- ments at all hours of the day and night falls upon the Judges and Justices of the cities, towns, and villages who must set aside all personal, family and business interest to travel to their respective courthouses to conduct arraignments.
Many arraignments occur at hours when the court is not in session and the City Judge or Town, or Village Justice must conduct the arraignment alone without the aid of any staff. During the arraignments that occur at times that the court is not normally in session, the City, Town, and Village Courts are without any security whatsoever and must rely upon the ability of the police agency to both monitor the defendant being arraigned and, at the same time, maintain the security and safety of those inside the courtroom. Arraignments of defendants at times when City, Town, and Village Courts are not in session, oftentimes during late evenings and early mornings, pose security risks to Judges and Justices of said courts. This legislation would permit defendants to be temporarily detained pending arraignment.
The correction law already permits the county jail to be used to detain defendants pending arraignment in the counties of Onondaga, Erie, Yates, Cortland, Putnam, Monroe (for the City of Rochester), Warren, Niagara, Genesee, Allegany, Seneca, Montgomery, Chautauqua, Ontario, Albany, Schenectady, Steuben, Wayne, Tioga, Broome, Jefferson, Livingston, Wash- ington, Fulton, Orleans, Essex, Oneida, and Otsego. This bill would simply allow in Orange County what is already allowed in 28 other coun- ties statewide.
Legislative history
Senate 2012 (S6984) - Reported out of Crime Victims, Crime and Correction and committed to Rules
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.