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A10587 Summary:

BILL NOA10587
 
SAME ASSAME AS S08431
 
SPONSORLupardo
 
COSPNSRFriend, Crouch
 
MLTSPNSR
 
Amd 500-a & 500-c, Cor L
 
Relates to authorizing the Broome county correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Broome.
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A10587 Actions:

BILL NOA10587
 
05/08/2018referred to correction
06/04/2018reported referred to codes
06/11/2018reported referred to rules
06/19/2018reported
06/19/2018rules report cal.366
06/19/2018ordered to third reading rules cal.366
06/20/2018substituted by s8431
 S08431 AMEND= AKSHAR
 05/07/2018REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
 05/31/20181ST REPORT CAL.1474
 06/04/20182ND REPORT CAL.
 06/05/2018ADVANCED TO THIRD READING
 06/14/2018PASSED SENATE
 06/14/2018DELIVERED TO ASSEMBLY
 06/14/2018referred to codes
 06/20/2018substituted for a10587
 06/20/2018ordered to third reading rules cal.366
 06/20/2018passed assembly
 06/20/2018returned to senate
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A10587 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10587
 
SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the correction law, in relation to authorizing the Broome correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in the county of Broome   PURPOSE OR GENERAL IDEA OF BILL: To allow the Broome County Correctional Facility to hold persons who are under arrest prior to their arraignment.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends section 500-a of the correction law by adding a new subdivision 2-s to read: The Broome County Correctional Facility may also be used for the detention of persons under arrest being held for arraignment in any court located in the County of Broome. Section 2: Amends section 500-c to read: notwithstanding any other provisions of law, in the county of Broome all the provisions of this shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Broome County Correctional Facility. Sections 3. Establishes the effective date.   JUSTIFICATION: The Broome County Public Defender has requested a change in State law which would allow for pre-arraignment detention of all individuals arrested in Broome County at the Broome County Correctional Facilities. This legislation would allow times to be set, twice a day, for when arraignments would be conducted, by having set times the Public Defender's Office could cover every arraignment that occurs in the coun- ty and provide critical legal representation and counsel to every indi- vidual arrested in the County. Currently, the Public Defender's office must travel to every Town, Village, City court in order to represent individuals and sometimes arraignments must be postpone due to the office being unable to cover every court. This change in law would ensure that all individuals awaiting arraign- ment are provided with legal counsel, as arraignments have been deemed by the Court of Appeals to be an integral stage of any criminal case requiring legal counsel to be present. If no counsel is present, the individual cannot be arraigned and will need to be continued to be detained. This change in law would also provide efficient use of strained law enforcement resources. This change in law would not only provide for the use of shared services within the County, but also furthered the stated criminal justice reforms initiatives of the Chief Justice of the Court of Appeals, Janet DiFore.   LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS: This legislation will have no fiscal implications for the State.   EFFECTIVE DATE: This act shall take effect immediately.
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