BILL NUMBER: S10538
SPONSOR: SALAZAR
 
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.