What's happening
This bill extends the law allowing out-of-state inmates in local jails until September 1, 2029.
Why it matters
Impacts county and city jails statewide. By allowing local correctional facilities across New York to continue housing inmates from outside the state, the bill directly affects local governments, jail administrators, and their budgets.
Financial implications for local governments. Many counties rely on contracts with other states to fill unused jail beds and generate revenue. Extending this law preserves that potential income source, which can be significant for rural and less-populated areas with excess jail capacity.
Continues existing policy, not a major legal change. This is an extension, not an expansion, of current law—it maintains the status quo for three additional years, rather than introducing new types of inmates or changing standards for their care, giving localities and the state more time to evaluate whether to keep or end the practice in the future.
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Who cares
Local Correctional Facilities
These institutions may benefit financially from the ability to board out-of-state inmates and will be directly impacted by the continued authorization.
County and Municipal Governments
Local governments that manage jails could see budgetary impacts, either positive (revenue from boarding agreements) or negative (costs, liability, and facility strain).
Out-of-State Corrections Agencies
Agencies in other states that contract with New York facilities to house their inmates will have continued options for inmate placement.
- Likely concerns
Prison Reform and Advocacy Groups
Organizations focused on inmate rights, prison conditions, and criminal justice reform may be concerned with the extension, monitoring its effects on incarcerated populations and facility standards.
Headline styles
Extend Out-of-State Inmate Boarding
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A11439
- Ordered to third reading cal.1519
- Committee discharged and committed to rules
- 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.
Extend Out-of-State Inmate Boarding
Signed by Governor · Sponsor Chris Burdick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10538
IN SENATE
May 19, 2026
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend chapter 573 of the laws of 2011, amending the correction law relating to the boarding of out of state inmates at local correctional facilities, in relation to extending the expiration of the provisions thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of chapter 573 of the laws of 2011, amending the correction law relating to the boarding of out of state inmates at local correctional facilities, as amended by chapter 302 of the laws of 2023, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire September 1, [2026] 2029 when upon such date the provisions of this act shall be deemed repealed.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14848-01-6
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend chapter 573 of the laws of 2011, amending the correction law relating to the boarding of out of state inmates at local correc- tional facilities, in relation to extending the expiration of the provisions thereof
Purpose
This bill extends the expiration date to September 1, 2029 to continue to authorize local correctional facilities to enter into contracts for the purpose of boarding-in certain incarcerated individuals from other states' local correctional facilities.
Summary of provisions
Section 1 amends section 4 of chapter 573 of the laws of 2011, amending the correction law relating to the boarding of out of state incarcerated individuals at local correctional facilities, to extend this act until September 1, 2029.
Section 2 states that this act shall take effect immediately.
Justification
Over the years, many counties have been required to expand the size and capacity of their jail facilities to accommodate the county's incarcer- ated individual population. Over time, some of those counties have expe- rienced decreases in incarcerated individuals, leaving those larger facilities partially vacant. To offset the cost of operating these facilities at less than optimal capacity, many counties house state or federal incarcerated individuals or incarcerated individuals from other counties. In keeping with this practice, counties should have the option to house incarcerated individuals from other states.
In 2011, the Assembly passed a bill which was signed into law to allow local correctional facilities to enter into contracts for the purpose of boarding-in certain incarcerated individuals from other state's local correctional facilities. This act was renewed in 2023 and currently expires on September 1, 2026. This bill seeks to extend the act to September 1, 2029 to continue to give local correctional facilities the option to house out of state incarcerated individuals.
This bill could benefit every county in New York with the capacity to accept out of state incarcerated individuals. This bill provides mandate relief in that it would give counties more flexibility to have a more optimal incarcerated individual population to suit the facility's capac- ity and minimize loss from over-head costs.
Legislative history
S4964A originally authorized local corrections facilities to house out of state incarcerated individuals until September 1, 2014, and was extended by 56954 in 2014. It was extended again by 55894 in 2017 until September 1, 2020, and again, by Chapter 58 of the Laws of 2020 until
September 1, 2023. It was extended again by Chapter 302 of the laws of 2023 until September 1, 2026.
Fiscal implications
No cost to the state. This bill would provide a revenue opportunity to counties.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.