What's happening
This bill limits local jail detention for alleged parole violators to 72 hours before transfer to state custody.
Why it matters
Aims to reduce local jail overcrowding and costs. by limiting the time alleged parole violators can be held in local facilities, shifting the responsibility for detention to the state after 72 hours.
Could speed up the processing and transfer of alleged parole violators. , potentially leading to faster resolution of parole violation cases and less disruption for local correctional systems.
Transfers fiscal and logistical burden to the state corrections system. , possibly increasing state-level costs and resource needs, while relieving local governments of extended detention responsibilities.
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Who cares
Headline styles
Limit Jail Detention to 72 Hours
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
974
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. YOUNG -- 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 temporary detention of persons whose presumptive release, parole, conditional release or post-release supervision alleged to have violated the terms of their release
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of section 259-i of the executive law, as amended by chapter 545 of the laws of 2015, is amended to read as follows:
(i) If the parole officer having charge of a presumptively released, paroled or conditionally released person or a person released to postrelease supervision or a person received under the uniform act for outof-state parolee supervision shall have reasonable cause to believe that such person has lapsed into criminal ways or company, or has violated one or more conditions of his presumptive release, parole, conditional release or post-release supervision, such parole officer shall report such fact to a member of the board, or to any officer of the department designated by the board, and thereupon a warrant may be issued for the retaking of such person and for his temporary detention in accordance with the rules of the board unless such person has been determined to be currently unfit to proceed to trial or is currently subject to a temporary or final order of observation pursuant to article seven hundred thirty of the criminal procedure law, in which case no warrant shall be issued. The retaking and detention of any such person may be further regulated by rules and regulations of the department not inconsistent with this article. A warrant issued pursuant to this section shall constitute sufficient authority to the superintendent or other person in charge of any jail, penitentiary, lockup or detention pen to whom it is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03020-01-9
S. 974 2
delivered to hold in temporary detention the person named therein, and the period of temporary detention in the custody of such local correctional facility shall not exceed seventy-two hours and thereafter the person shall be transferred to the custody of the department to be held in temporary custody; except that a warrant issued with respect to a person who has been released on medical parole pursuant to section two hundred fifty-nine-r of this article and whose parole is being revoked pursuant to paragraph (h) of subdivision four of such section shall constitute authority for and require the immediate placement of the parolee only into imprisonment in the custody of the department to hold in temporary detention. A warrant issued pursuant to this section shall also constitute sufficient authority to the person in charge of a drug treatment campus, as defined in subdivision twenty of section two of the correction law, to hold the person named therein, in accordance with the procedural requirements of this section, for a period of at least ninety days to complete an intensive drug treatment program mandated by the board as an alternative to presumptive release or parole or conditional release revocation, or the revocation of post-release supervision, and shall also constitute sufficient authority for return of the person named therein to local custody to hold in temporary detention for further revocation proceedings in the event said person does not successfully complete the intensive drug treatment program. The board's rules shall provide for cancellation of delinquency and restoration to supervision upon the successful completion of the program.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be promulgated, amended and/or repealed on or before such date.
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 temporary detention of persons whose presumptive release, parole, conditional release or post- release supervision alleged to have violated the terms of their release
Purpose
This bill would limit the temporary detention of defendants in violation of their release in a local correctional facility to three days before their transfer to state custody.
Summary of provisions
Section 1: amends subparagraph (i) of paragraph (a) of subdivision 3 of section 259-i of the Executive law, as amended by Chapter 545 of the laws of 2015, to provide that parole violators who are placed in the temporary detention of a local correctional facility shall be held no longer than 72 hours before they must be transferred to a state correc- tional facility for further temporary detention.
Section 2: Sets forth the effective date.
Justification
This bill would provide mandate relief for County government by provid- ing that an alleged state parole violator must be transferred to a state correctional facility within 72 hours of his original detention in the county facility within the county where he was arrested.
In the 1990s the New York State Executive law was amended to require that the County, rather than the State, provide housing for state parole violators who are arrested in a specific county. This change was made because, at that time, state correctional facilities were overcrowded. Over the years New York's state facility prisoner population has less- ened resulting in the recent downsizing of state facilities.
Counties, however, are still required to maintain state parole violators at a time when County budgets are strained and the costs associated with maintaining alleged state parole violators has skyrocketed. The costs of housing prisoners with medical conditions requiring specialized care and prescription drugs can have a large impact upon county budgets. These prisoners can often remain within the local facility for extended peri- ods of time as their requests for parole hearing extensions are granted.
This bill will restore the responsibility for housing and caring for alleged parole violators back to the state and will help alleviate the burden upon county taxpayers.
Legislative history
2018: S.449 Committed to Rules
2017: S.449 Passed Senate
2015,2016: S.2064B Passed Senate 2013,2014: S.2612 Passed Senate
2012: S.6739/A.10237 Referred to Crimes Victims, Crime and Correction
Fiscal impact
Counties affected by this legislation will experience significant cost reductions while the State Department of Corrections will experience additional costs. It is anticipated there will be an overall reduction in costs due to more detainee time being spent in a state facility with less overall associated cost than a county facility.
Effective date
This act shall take effect 120 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.