Crime Committee Report e.indd - New York State Senate

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Chapter 412 of the Laws of 2010 S.7864 HASSELL-THOMPSON & MONTGOMERY/ A 10611 Aubry Credit Time Allowance for Inmates Signed into law by Governor Paterson This bill would amend Correction Law § 803-b(1)(c) to add four new advanced skills programs as bases for the potential award of limited credit time: the Division of Correctional Industries, the Corecraft Optical Program, the Corcraft Asbestos Abatement Program, the sign language interpreter program, and the Puppies Behind Bars Program. Chapter 249 of the Laws of 2010 S.6765 FARLEY / A 9826 Amedore Authorizes the Montgomery County correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in Montgomery county Signed into law by Governor Paterson Per the request of the Montgomery County Legislature, this legislation, would permit the use of the Montgomery County jail by various police agencies as a holding cell for pre-arraigned prisoners. This would allow for the best utilization of county resources and staff allocations. Chapter 260 of the Laws of 2010 S.6658 YOUNG / A 10233 Parment Authorizes the detaining in the Chautauqua county correctional facility of persons awaiting arraignment in any local court in the county of Chautauqua Signed into law by Governor Paterson Per the request of the Chautauqua County Sheriff’s Department, this legislation would permit the use of the Chautauqua County Correctional Facility by various law enforcement agencies for the detention of persons under arrest and being held for arraignment. Several upstate counties are currently allowed to do this including: Allegany, Chemung, Cortland, Erie, Genesee, Monroe, Onondaga, Putnam, Niagara, Seneca and Warren counties. Chapter 33 of the Laws of 2009 S.3744 HASSELL-THOMPSON, DIAZ, MONSERRATE, THOMPSON / A 4039 Aubry Transfer of Civil and Pre-Trial Inmates to Hospital Signed into law by Governor Paterson, this legislation permits civil and pretrial inmates to receive medical diagnosis and treatment in “outside” hospitals without a court order. Prior to this new law, the Correction Law permitted a sheriff to take a sentenced inmate to the hospital for diagnosis or treatment without a court order. However, with respect to civil or pretrial detainees, the sheriff needed the authorization of a county court judge or supreme court justice. The new law presumes that the protection of an inmate’s health is the policy objective to be achieved. At issue, is whether the inmate’s status as a sentenced prisoner, pre-trial detainee, or civil detainee should determine who is eligible to go to the hospital without a court order and when they should go. This new law states that if the sheriff believes an inmate needs hospitalization then the inmate should be taken to the hospital, regardless of their commitment status. This legislation passed both houses unanimously. Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 49
Chapter 337 of the Laws of 2009 S.5645 HASSELL-THOMPSON / A 8521 Aubry Erroneous Sentences Signed into law by Governor Paterson, this legislation requires the Department of Correctional Services (“DOCS”) to notify the district attorney, the inmate’s defense counsel and the sentencing court, whenever it is of the opinion that the sentence was illegal. Moreover, this bill authorizes the district attorney, at the court’s direction to ensure the inmate is promptly produced in court to participate in the issue of re-sentencing. Prior to this law the New York Judiciary was in the middle of what was reported as the “post release supervision” controversy; that is, a situation where hundreds of defendants were not properly sentenced by the court. This new law provides a stated process, requiring the prison system to contact all parties; authorizing the court or district attorney to produce the defendant in court; notifying the defense attorney of the issues so that representation can be prepared; and constructs an avenue for the court to correct illegal sentences in an expeditious manner. Constitutional Amendment S.4124 HASSELL-THOMPSON, DIAZ, MONSERRATE, VOLKER / A 5598 Aubry Passed to amend the State Constitution by referendum of the People of the State of New York, this joint Senate-Assembly resolution, passed in two distinct legislative sessions, allows a law to be passed to permit prisoners to voluntarily perform work for nonprofit organizations. Non-profit organizations means an organization operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Prior to this law section 24 of article 3 of the New York State Constitution prohibited the “farming out, contracting, giving away or selling of convict labor.” However, many localities had requested that an exemption be made for nonprofit organizations who are often underfunded and do not have the resources to adequately maintain their property. The law did permit inmates to work in state and public institutions and many of the nonprofit organizations engaged in public works and charities. This constitutional amendment was initiated by Senator Dale Volker during the first required session vote and taken to the finish line by Senator Ruth Hassell-Thompson, a republican and democratic member respectively. This amendment appeared on the ballots during the 2009 statewide elections in New York State and was authorized by a favorable vote of the electorate. Chapter 57 of the Laws of 2010 S.6725 SCHNEIDERMAN, ADAMS, BRESLIN, DILAN, DUANE, ESPADA, HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, THOMPSON Prison Gerrymandering The purpose of this bill is to count people in prison at their addresses prior to incarceration for the purposes of redistricting. Currently, the United States Bureau of the Census includes everyone housed in federal, state, and local correctional facilities in its count of the general population of the Census block that contains the facility. The state’s current reliance on the Census Bureau’s flawed prison counts when drawing legislative districts, violates federal law in two ways: it dilutes minority voting strength in violation of Section 2 of the Voting Rights Act of 1965; and it violates the one person, one vote principle of the Equal protection Clause, which requires voting districts to have equal numbers of residents (because people in prison are not residents of the districts where they are incarcerated and counted). 50 New York State Senate
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NEW YORK STATE SENATE STANDING COMM
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New York State Senate Standing Comm
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What is all too often missing in ne
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XI. Re-entry Grants: 2009-2010 Cent
Page 10 and 11: XVIII. XIX. XX. S.3744 Transfer of
Page 12 and 13: I. 2009 Protecting The Right To Cou
Page 14 and 15: III. 2009-2010 Civil Legal Services
Page 16 and 17: IV. Stabilizing IOLA and Giving Str
Page 18 and 19: The Basics of Rockefeller Reform
Page 20 and 21: OASAS For instance, the Office of A
Page 22 and 23: • z The 2010-2011 Executive Budge
Page 24 and 25: VII. 2009-10 Inspection of State Pr
Page 26 and 27: ers and staff have met with scores
Page 28 and 29: IX. Division of Parole - Budget Leg
Page 30 and 31: X. Prisoner Concerns During our pri
Page 32 and 33: XI. Re-entry Grants: 2009-2010 Reco
Page 34 and 35: XII. Troubling Concerns With NYC Ma
Page 36 and 37: Police did not focus on marijuana a
Page 38 and 39: Recomendations: S.65 Sampson - Outl
Page 40 and 41: 4. Many states have declined to ado
Page 42 and 43: XVI. 2009-2010 New York State Senat
Page 44 and 45: Matrimonial Law Reform New York Sta
Page 46 and 47: 2009-2010 Domestic Violence Legisla
Page 48 and 49: Vetoed 8/13/10 memo 6759 of 2010 S.
Page 50 and 51: S6987-A Chapter 405 of the Laws of
Page 52 and 53: Once the Court found Senator Monser
Page 54 and 55: Court Administration, which also pr
Page 56 and 57: the same weight with regard to the
Page 58 and 59: Chapter 271 of the Laws of 2009 S.3
Page 62 and 63: In Reynolds v. Sims, 377 U.S. 533 (
Page 64 and 65: In terms of the amount of time peop
Page 66 and 67: S.8229 HASSELL-THOMPSON / A 11602 L
Page 68 and 69: 2009-2010 VETOED BY GOVERNOR Paters
Page 70 and 71: XIX. 2011 Reentry Legislative Agend
Page 72 and 73: S.1340-A MONTGOMERY, DIAZ, DUANE, H
Page 74 and 75: S.124 SAMPSON, DIAZ, HASSELL-THOMPS
Page 76 and 77: S.1644 THOMPSON, KLEIN Preservation
Page 78 and 79: S2741 ADAMS, KRUEGER, MONSERRATE, P
Page 80 and 81: imposed, or failed to comply with t
Page 82 and 83: crime, any recommendations by the j
Page 84 and 85: XXI. Conclusion We have made great
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Crime Committee Report e.indd - New York State Senate

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