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S7163Senate2019-2020 SessionSame asA9061

Jail Adults Before First Hearing

Official title

“Relates to the detention of individuals who are eighteen years of age or older in a county jail pending a first court appearance in an off-hours arraignment part”

Sponsor Rachel MaySD-53
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A9061

What's happening

This bill amends the law to allow only individuals aged eighteen or older to be detained in county jails pending first court appearances during off-hours arraignments.

Why it matters

  1. Protects minors from adult detention. By specifying that only those aged eighteen or older can be held in county jails before their first court appearance, the bill aims to prevent juveniles from being placed in adult correctional facilities, reducing the risk of harm and negative influences.

  2. Aligns with juvenile justice reform trends. The amendment supports broader efforts to treat minors differently from adults in the justice system, reflecting research that incarceration in adult jails can have lasting negative effects on youth development and rehabilitation.

  3. Impacts law enforcement and court procedures. Law enforcement and court officials will need to adopt new protocols for handling the detention of minors during off-hours, potentially requiring alternative facilities or expedited arraignment processes for individuals under eighteen.

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Who cares

Headline styles

Jail Adults Before First Hearing

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rachel May

Senator · Senate District 53

Chair, Aging

No co-sponsors yet.

History

  1. Substituted by A9061
  2. Ordered to third reading cal.87
  3. Referred to rules

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.

A9061Assembly

Jail Adults Before First Arraignment

Signed by Governor · Sponsor David Weprin

Impact 3 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7163

IN SENATE

January 10, 2020

Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the correction law, in relation to the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2-t of section 500-a of the correction law, as added by a chapter of the laws of 2019, amending the correction law in relation to the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part, as proposed in legislative bills numbers S. 5593 and A. 7647, is amended to read as follows:

2-t. Notwithstanding any other provision of law, where the chief administrator of the courts establishes an off-hours arraignment part in a county in accordance with paragraph (w) of subdivision one of section two hundred twelve of the judiciary law, the county correctional facility may be used for the detention of persons who are eighteen years of age or older under arrest being held for arraignment in such part.

§ 2. Subdivision 26 of section 500-c of the correction law, as added by a chapter of the laws of 2019, amending the correction law in relation to the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part, as proposed in legislative bills numbers S. 5593 and A. 7647, is amended to read as follows:

26. Notwithstanding any other provision of law, where the chief administrator of the courts establishes an off-hours arraignment part in a county in accordance with paragraph (w) of subdivision one of section two hundred twelve of the judiciary law, all the provisions of this section shall equally apply in any case where the sheriff is holding a person who is eighteen years of age or older and under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in such county correctional facility.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09688-02-0

S. 7163 2

§ 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the correction law in relation to the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part, as proposed in legislative bills numbers S. 5593 and A. 7647, takes effect; provided however, that the amendments to section 500-c of the correction law made by section two of this act shall not affect the repeal of such section and shall be deemed to repeal therewith.

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 detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part

Purpose

This is a chapter amendment that makes changes to provisions of L.2019, c.665.

Summary of provisions

This legislation amends the underlying chapter to clarify that county jails are not exempt from the requirements set forth in the Raise the Age law that prohibited the placement of 16 and 17 year olds in adult facilities.

Justification

Pursuant to approval memo 52 of 2019, the Executive expressed concerns over unintended consequences of the underlying legislation while supporting its goals. This legislation is a negotiated change to the underlying chapter that addresses those concerns.

Legislative history

Chapter amendment to Chapter 665 of the Laws of 2019.

Fiscal implications

None

Effective date

This act shall take effect on the same date and same manner as L.2019, c.665.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.