BILL NUMBER: S8692A
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the correction law, in relation to the use of certain
county jails; to amend the county law, in relation to the legislature's
approval, ratification, validation and confirmation of county-tribal
detention agreements between the Oneida Indian Nation and Madison county
and Oneida county; and providing for the repeal of certain provisions
upon expiration thereof
 
PURPOSE:
This legislation amends the correction law and the county law to allow
the counties of Madison and Oneida to enter into county-tribal detention
agreements with the Oneida Indian Nation to house in their county
correctional facilities inmates remanded by the Oneida Indian Nation
court, and to ratify any such agreements.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 500-a of the correction law adding two new
subdivisions:
2-u: to allow the Madison county correctional facility to be used for
the detention of individuals detained and imprisoned under the authority
and jurisdiction of the Oneida Indian Nation court pursuant to a coun-
ty-tribal detention agreement between Madison county. the Madison county
sheriff and the Oneida Indian Nation; and
2-v: to allow the Oneida county correctional facility to be used for the
detention of individuals detained and imprisoned under the authority and
jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
bal detention agreement between Oneida county, the Oneida county sher-
iff, and the Oneida Indian Nation.
Section 2 amends section 500-c of the correction law adding two new
subdivisions:
27 - which adds a new requirement that the provisions of this section
shall equally apply in any case where the Madison county sheriff is
holding a person under the authority and jurisdiction of the Oneida
Indian Nation court; and
28 - which adds a new requirement that the provisions of this section
shall equally apply in any case where the Oneida county sheriff is hold-
ing a person under the authority and jurisdiction of the Oneida Indian
Nation court.
Section 3 amends the county law adding a new section 853 to ratify the
county-tribal detention agreement executed between Oneida county and the
Oneida Indian Nation.
Section 4 amends the county law adding a new section 854 to ratify the
county-tribal detention agreement executed between Madison county and
the Oneida Indian Nation.
Section 5 establishes the effective date.
 
JUSTIFICATION:
Although there are 574 federally recognized Indian tribes, there are
only approximately 90 detention centers throughout Indian Country. To
support public safety in Indian Country, counties throughout the United
States contract with Indian nations to house tribal prisoners who are
detained or incarcerated through their tribal justice centers. This
legislation amends the correction law and the county law to authorize
the counties of Madison and Oneida to enter into county-tribal detention
agreements with the Oneida Indian Nation to house in their county
correctional facilities inmates remanded by the Oneida Indian Nation
court and to ratify any such agreements. Key characteristics of the
Oneida Indian Nation's criminal justice system that support the enact-
ment of particularized legislation approving the county-tribal detention
agreements include, among others: (i) the 2013 Agreement between Oneida,
the State of New York, Madison county and Oneida county, including state
and county recognition of the Oneida police department, (ii) special law
enforcement commissions issued by the U.S. Department of Interior to the
Oneida Indian Nation police department and the concomitant federal over-
sight that accompanies those commissions, (iii) cross- deputization of
Oneida Indian Nation police officers by the Madison county sheriff and
Oneida county sheriff, (iv) the Oneida Indian Nation court's compliance
with the federal Indian Civil Rights Act, and (v) the Oneida Indian
Nation police department's accreditation by the Commission on Accredi-
tation of Law Enforcement Agencies.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8692: 500-a correction law, 500-c correction law
S8692A: 500-a correction law, 500-c correction law