Amd §§500-a & 500-c, Cor L; add §§853 & 854, County L
Relates to the use of the Madison and Oneida county correctional facilities; relates to county-tribal detention agreements between the Oneida Indian Nation and Madison county and between the Oneida Indian Nation and Oneida county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9441A
SPONSOR: Hunter 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 would amends the county law adding a new section 853 to ratify
the county-tribal detention agreements executed between Oneida county
and the Oneida Indian Nation.
Section would amends the county law adding a new section 854 to ratify
the county-tribal detention agreements executed between Madison county
and the Oneida Indian Nation.
Section 5 would establish the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDMENT:
The amendment clarifies the agreements that are being ratified between
the Oneida Nation and Madison County, and Oneida Nation and Oneida Coun-
ty.
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.
STATE OF NEW YORK
________________________________________________________________________
9441--A
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. HUNTER, BUTTENSCHON, MILLER -- read once and
referred to the Committee on Correction -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 legisla-
ture's approval, ratification, validation and confirmation of county-
tribal detention agreements between the Oneida Indian Nation and Madi-
son county and Oneida county; and providing for the repeal of certain
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 500-a of the correction law is amended by adding
2 two new subdivisions 2-u and 2-v to read as follows:
3 2-u. The Madison county correctional facility may also be used for the
4 detention of individuals detained and imprisoned under the authority and
5 jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
6 bal detention agreement between the county of Madison, the Madison coun-
7 ty sheriff and the Oneida Indian Nation pursuant to section eight
8 hundred fifty-four of the county law.
9 2-v. The Oneida county correctional facility may also be used for the
10 detention of individuals detained and imprisoned under the authority and
11 jurisdiction of the Oneida Indian Nation court pursuant to a county-tri-
12 bal detention agreement between the county of Oneida, the Oneida county
13 sheriff and the Oneida Indian Nation pursuant to section eight hundred
14 fifty-three of the county law.
15 § 2. Section 500-c of the correction law is amended by adding two new
16 subdivisions 27 and 28 to read as follows:
17 27. Notwithstanding any other provision of law, in the county of Madi-
18 son all the provisions of this section shall equally apply in any case
19 where the sheriff is holding a person under the authority and jurisdic-
20 tion of the Oneida Indian Nation court pursuant to a county-tribal
21 detention agreement between the county of Madison, the Madison county
22 sheriff and the Oneida Indian Nation pursuant to section eight hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14702-03-4
A. 9441--A 2
1 fifty-four of the county law, as if such person had been judicially
2 committed to the custody of the sheriff and such person may be held in
3 the Madison county correctional facility.
4 28. Notwithstanding any other provision of law, in the county of Onei-
5 da all the provisions of this section shall equally apply in any case
6 where the sheriff is holding a person under the authority and jurisdic-
7 tion of the Oneida Indian Nation court pursuant to a county-tribal
8 detention agreement between the county of Oneida, the Oneida county
9 sheriff and the Oneida Indian Nation pursuant to section eight hundred
10 fifty-three of the county law, as if such person had been judicially
11 committed to the custody of the sheriff and such person may be held in
12 the Oneida county correctional facility.
13 § 3. The county law is amended by adding a new section 853 to read as
14 follows:
15 § 853. Oneida County-tribal detention agreement. Notwithstanding any
16 other inconsistent provision of law, the agreement executed between the
17 county of Oneida and the Oneida Indian Nation executed on May twenty-
18 third, two thousand twenty-four, including, without limitation, the
19 provisions contained therein relating to confinement at the Oneida coun-
20 ty correctional facility of incarcerated adults remanded by the Oneida
21 Indian Nation court, shall, upon its effective date and continuing for
22 three years thereafter, be deemed approved, ratified, validated and
23 confirmed by the legislature. It is the intention of the legislature in
24 enacting this section to ensure that the agreement be fully enforceable
25 in all respects as to the rights, benefits, responsibilities and privi-
26 leges of all parties under the agreement.
27 § 4. The county law is amended by adding a new section 854 to read as
28 follows:
29 § 854. Madison county-tribal detention agreement. Notwithstanding any
30 other inconsistent provision of law, the agreement executed between the
31 county of Madison and the Oneida Indian Nation executed on May twenty-
32 eighth, two thousand twenty-four, including, without limitation, the
33 provisions contained therein relating to confinement at the Madison
34 county correctional facility of incarcerated adults remanded by the
35 Oneida Indian Nation court, shall, upon its effective date and continu-
36 ing for two years thereafter, be deemed approved, ratified, validated
37 and confirmed by the legislature. It is the intention of the legislature
38 in enacting this section to ensure that the agreement be fully enforcea-
39 ble in all respects as to the rights, benefits, responsibilities and
40 privileges of all parties under the agreement.
41 § 5. This act shall take effect immediately; provided, however that
42 section three of this act shall expire and be deemed repealed May 23,
43 2027; provided further, however, that section four of this act shall
44 expire and be deemed repealed May 28, 2026; and provided further, howev-
45 er, that the amendments to section 500-c of the correction law made by
46 section two of this act shall not affect the repeal of such section and
47 shall be deemed repealed therewith.
