Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution

• Democratic1

◆ The sponsor's argument

Why Julia Salazar says this is needed

County and local jails hold individuals who are pretrial detainees, individuals sentenced to local terms of incarceration, individuals who have been convicted and are awaiting sentencing, and individuals who have been sentenced to terms of imprisonment in a NYSDOCCS facility but are awaiting transfer. Pretrial detainees - many of whom are not even charged with felony offense(s), the conviction of which could result in a state prison sentence are deemed to be innocent unless and until proven guilty at trial beyond a reasonable doubt or otherwise convicted by a guilty plea. Individuals in this category should never be transferred to or held in a state prison. Similarly, individuals who have been convicted and sentenced to a local term of incarceration - most of whom were not convicted of felony offense(s) should never be transferred to or held in a state prison. The only people who should ever be held in a state prison are individ- uals who have been duly convicted of felony offense(s) and have been sentenced to a term of incarceration in a state prison. The principle that no one should be held in a state prison unless they have been convicted of an offense that could carry a state prison sentence and have, in fact, been so sentenced, seems so obvious it should not have to be said. However, existing New York law provides for the transfer of certain individuals - who otherwise would never be held in a state prison - to state prison. This bill eliminates that provision. If an individual in a local facility has specific needs that are not able to be met by a county jail and a transfer is required, this should be done on a county-to-county level, or to appropriate outside medical or mental health entities. When an individual is designated to a NYSDOCCS facility from a county jail, regardless of the reason, there are numerous issues that could and do occur. This includes uncertainty about who is ultimately responsible for meeting the medical, program- ming, and mental health needs of the incarcerated individual on a day- to-day basis, and the profound impact on an individual's mental health and well-being having to reside in a NYSDOCCS facility without being convicted or sentenced. According to NYSDOCCS, in 2023 there were at least 58 Substitute Jail Orders (SJO's) in New York State that designated an incarcerated indi- vidual to a NYSDOCCS facility from a county jail. All of these SJO's cite either mental health, behavior, or medical concerns as the reason- ing for the transfers. This means that there were 58 individuals who would not otherwise be held in custody in a state prison who, nonethe- less, were sent to be held in a state prison. While a county jail may not be equipped to meet the needs of all individuals and a transfer might be necessary, NYSDOCCS facilities are also not equipped to meet the needs of more severe cases considering their high caseloads and significantly low staffing numbers. Rather than transferring individuals to NYSDOCCS facilities, a practical and effective solution might be to transfer individuals with mental health and medical needs to outside medical facilities where their care can be monitored more closely, to another county jail that is more equipped to work with individuals with specialized needs, or to facilitate their release from custody. One pretrial detainee transferred from a county jail to a NYSDOCCS facility in 2023 - despite never having been convicted of an offense reported horrific and inhumane treatment, with very little clarity from NYSDOCCS or the county as to who was responsible for meeting the needs of this individual. This person has a medical condition requiring consistent medication, which was reportedly not provided despite multi- ple requests and pleas for help. This led to the onset of rapid physical and cognitive decline. This individual also has a severe mental health condition that was not being met with proper medication and treatment, despite advocacy from his family and

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.