What's happening
This bill allows inmates to transfer to another county jail to participate in beneficial programming, with consent from all parties.
Why it matters
Expands access to rehabilitation and educational programs. by making it possible for inmates to transfer to jails in other counties if those facilities offer beneficial programming not available in their current jail.
Requires informed consent from all parties. the inmate must agree to the transfer, and the sheriffs of both the sending and receiving counties must also consent, ensuring that transfers are voluntary and coordinated.
Could reduce recidivism and improve inmate outcomes. by enabling more people in custody to participate in programs that support skill-building, mental health, addiction recovery, or other positive interventions.
Maintains oversight and accountability. by stipulating that all transfers must be formally documented and can be amended or revoked as needed by the state commission of correction, ensuring proper record-keeping and flexibility.
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Who cares
County jail inmates
The bill would allow transfers to another county’s jail to participate in beneficial programming, with the inmate’s consent and approval from any involved sheriff.
County sheriffs
Any involved sheriff would have to consent before the State Commission of Correction could designate another county’s jail for an inmate’s access to beneficial programming.
State Commission of Correction
The commission would gain authority, upon application and the required consent, to designate another county’s jail for programming purposes and later amend, modify or revoke that designation.
Headline styles
Let Inmates Join Jail Programs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Signed chap.305
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.605
- Substituted for A7944
- Referred to correction
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.949
Show 1 earlier action
- 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.
Allow Jail Transfers for Programs
Assembly Floor Calendar · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6154
2019-2020 Regular Sessions
IN SENATE
May 20, 2019
Introduced by Sen. SEPULVEDA -- (at request of the State Commission of Correction) -- 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 the designation of a substitute jail for programmatic purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 504 of the correction law, as amended by chapter 799 of the laws of 1974, is amended to read as follows:
1. (a) If there is no jail in a county, or the jail becomes unfit or unsafe for the confinement of some or all of the inmates, civil or criminal, or is destroyed by fire or otherwise, or if a pestilential disease breaks out in the jail or in the vicinity of the jail and the physician to the jail certifies that it is likely to endanger the health of any or all of the inmates in the jail, the state commission of correction, upon application, must, by an instrument in writing, filed with the clerk of the county, designate another suitable place within the county, or the jail of any other county, for the confinement of some or all of the inmates, as the case requires. The place so designated thereupon becomes, to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and the purposes expressed in the instrument designating the same. The designation may be amended, modified or revoked by the state commission of correction by a subsequent instrument in writing filed with the clerk of the county.
(b) If transfer to the jail of another county would allow for an inmate's participation in beneficial programming, the state commission of correction, upon application and the consent of such inmate and any involved sheriff, may, by an instrument in writing, filed with the clerk of the county, designate the jail of such other county, for the confine-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09453-01-9
S. 6154 2
ment of such inmate, as the case requires. The jail so designated thereupon becomes, to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and the purposes expressed in the instrument designating the same. The designation may be amended, modified or revoked by the state commission of correction by a subsequent instrument in writing filed with the clerk of the county.
§ 2. This act shall take effect immediately.
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 the designation of a substitute jail for programmatic purposes
PURPOSE OF THE BILL
To allow for an inmate's transfer between local correctional facilities for participation in beneficial programming.
SUMMARY OF PROVISIONS
Section 1 of the proposal would amend subdivision (1) of section 504 of the Correction Law to allow the Commission of Correction to issue a substitute jail order, upon consent of the inmate and any involved sher- iff, where transfer of such inmate to another county jail would allow for participation in beneficial programming.
Section 2 makes the proposal effective immediately.
JUSTIFICATION
In recent years, several county sheriffs have established specialized programs to benefit the incarcerated inmate populations, to include alcohol and substance abuse programs, and programs to assist incarcerat- ed military veterans. Not mandated by state statute or regulation, such programs are often dependent upon grants and other discretionary funding sources. The lack of such funding in many counties, as well as relative- ly small inmate populations, often render the establishment of programs in certain local correctional facilities unfeasible. For this reason, several county sheriffs have expressed an interest in making their programs available to the inmates of other counties.
New York State Correction Law § 504(1) currently allows the New York State Commission of Correction to transfer an inmate from the jail of one county to another, via substitute jail order, only "(i)f there is no jail in a county, or the jail becomes unfit or unsafe for the confine- ment of some or all of the inmates, civil or criminal, or is destroyed by fire or otherwise, or if a pestilential disease breaks out in the jail or in the vicinity of the jail and the physician to the jail certi- fies that it is likely to endanger the health of any or all of the inmates in the jail."
Consequently, the Commission of Correction seeks legislation granting it the authority to approve an inmate's transfer between local correctional facilities for the purpose of participating in beneficial programming. As proposed, any such transfer would be dependent on the consent of the inmate and any involved sheriff, thus rendering any resulting costs of a county elective.
PRIOR LEGISLATIVE HISTORY
This is a new proposal.
FISCAL IMPLICATIONS
None.
EFFECTIVE DATE Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.