COMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE

MONDAY, FEBRUARY 10, 1997

11 A.M.

PRESENT: Chair: Darcy. Members: Wishnie, Donovan, Mosiello, Stewart-Cousins. Staff: Meagan Perry, Department of Corrections; George Hosey, Chairman, CBAC.; Emilia Vita, Secretary.

ALSO PRESENT: Joseph Stancari, Commissioner of Corrections.

The meeting was called to order at 11:10 a.m. by Chairman Darcy, noting agenda Item A regarding Youth Court will contact the Youth Officer for the City of New Rochelle and will contact Mr. Evertts regarding the progress of the MERV bus (Item B).

ITEM C: Broadening Court Access for Domestic Violence: Legislator Latimer has distributed a letter to the State Legislature for endorsement of legislation, both in the Assembly and the Senate. Chairman Darcy briefly explained the specifics of the current domestic violence laws and family court. These bills will provide protection of common law couples, non-parent victims as well as elderly victims. It also proved protection to child witnesses of domestic violence who are not the children of the abuser and extending the same rights to other children subjected to the same danger.

On Wednesday, February 26, 1997, at 1 o’clock, a representative of the Junior League, (originator of this correspondence), will be present for discussion, as well as members of the Task Force on Families.

ITEM D: Highway Photo Enforcement: Legislator Carsky will show a video in the Chairman’s office with a discussion to follow on Wednesday, February 19, 1997. Public Safety Commissioner D’Alisio will be invited to attend

The members continued discussions of a special agenda item referring to inmates paying for their incarceration. Legislator Darcy gave a brief history of its origin from Nassau County, which was passed on January 1, 1997, going into effect on February 1, 1997. The law calls for a non-indigent prisoner, who has the means, should pay their time in jail.

Commissioner Stancari said he was not opposed to anything that will offset the Department’s budget, but he would request an opinion of the County Attorney, because he believes this cannot be legally done He also made reference to potential problems such as constitutional challenges, probates and pre-trial services. He questioned the basis of eligibility and when looking at the jail today, there will be very few eligible.

The Committee will look further into the criteria for "means level testing", how is it prepare and what is its dialogue. The Chair will continue discussions on this subject.

With no other business to discuss, the meeting adjourned at 11:45 p.m. on the motion of Legislator Donovan, seconded by Legislator Stewart-Cousins.