130 Misc. 2d 261 | New York Court of Claims | 1985
OPINION OF THE COURT
Where the State fails or refuses to accept "forthwith” for commitment criminal defendants who have been sentenced to State correctional facilities, thereby forcing a county to maintain said prisoners for extended periods of time, does the law provide a private right of action for reimbursement of the county’s expenses? On the facts here presented we hold that no such action is available and, accordingly, summary judgment dismissing these claims must be entered.
Claimant County of Monroe alleges that upon the sentencing of convicted felons it is the duty of the County Sheriff to deliver said defendants to the Department of Correctional Services (see, CPL 430.20, 430.30; Penal Law § 70.00 [1]; § 70.20 [1]), and that this transfer must be effected "forthwith” (CPL
In defining the State’s obligation to accept sentenced criminal defendants, the Court of Appeals has held that CPL 430.20 (l),
A reading of the relevant portions of the CPL renders it apparent that the county, through its Sheriff, is governed by CPL 430.20 (see also, CPL 430.30) and that said claimants are members of the class which is protected by the statute’s mandates (see generally, Matter of County of Onondaga v New York State Dept. of Correctional Servs., 97 AD2d 957, affd 62 NY2d 826). This notwithstanding, claimants have failed to offer any evidence which would indicate that the Legislature intended to create a private cause of action for money damages when it enacted CPL 430.20 or its predecessor statutes.
In sum, on the evidence presented we find no indication that in enacting CPL 430.20 the Legislature intended to create a cause of action for money damages to cover situations where the statute’s mandates were not carried out (see and compare, County of Broome v State of New York, Ct Cl, claim No.
In accordance with all of the foregoing, claimants’ motions to dismiss the defendant’s affirmative defenses and for summary judgment are denied, and summary judgment dismissing these claims is hereby granted in favor of the defendant.
. Which provides that "[w]hen a sentence of imprisonment is pronounced * * * the defendant must forthwith be committed to the custody of the appropriate public servant”.
. See, L 1796, ch 30; L 1801, ch 121; L 1829 (2 Rev Stat, part IV, ch II, tit 6, § 12, p 739); Code Crim Pro § 487 (L 1881, ch 442, § 487, as amended by L 1901, ch 372, § 2, as amended by L 1903, ch 613, § 2, as amended by L 1967, ch 681, § 69); L 1881, ch 442, § 488, as amended by L 1942, ch 494, § 9, as amended by L 1968, ch 251, § 1.
. Although not controlling, we find some relevance in the fact that the Legislature has made several recent, albeit unsuccessful, attempts to enact legislation providing for reimbursement to counties for the cost of maintaining State-ready prisoners (1984 Senate Bill No. 10076 [vetoed by Governor, Aug. 6,1984]; 1985 Senate Bill No. 2524-A [recalled]).