S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10237

                          I N  A S S E M B L Y

                              May 15, 2012
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Correction

AN ACT to amend the executive law, in relation to temporary detention of
  persons whose presumptive  release,  parole,  conditional  release  or
  post-release  supervision  alleged to have violated the terms of their
  release

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
section 259-i of the executive law, as  amended  by  section  38-f-1  of
subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  (i) If the parole officer having charge of a  presumptively  released,
paroled  or  conditionally released person or a person released to post-
release supervision or a person received under the uniform act for  out-
of-state parolee supervision shall have reasonable cause to believe that
such  person  has  lapsed into criminal ways or company, or has violated
one or more conditions of his presumptive release,  parole,  conditional
release  or  post-release  supervision, such parole officer shall report
such fact to a member of the board, or to any officer of the  department
designated  by  the board, and thereupon a warrant may be issued for the
retaking of such person and for his temporary  detention  in  accordance
with  the  rules  of  the  board. The retaking and detention of any such
person may be further regulated by rules and regulations of the  depart-
ment  not  inconsistent  with this article. A warrant issued pursuant to
this section shall constitute sufficient authority to the superintendent
or other person in charge of any jail, penitentiary, lockup or detention
pen to whom it is delivered to hold in temporary  detention  the  person
named therein; except that a warrant issued with respect to a person who
has  been  released  on  medical  parole pursuant to section two hundred
fifty-nine-r of this article and whose parole is being revoked  pursuant
to  paragraph  (h) of subdivision four of such section shall [constitute
authority for] REQUIRE the immediate placement of the parolee only  into
imprisonment  in  the  custody  of  the  department to hold in temporary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15022-02-2

A. 10237                            2

detention.  IN INSTANCES IN WHICH SUCH PERSON HAS  BEEN  PLACED  IN  THE
TEMPORARY  DETENTION  OF  A  LOCAL  CORRECTIONAL FACILITY, THE PERIOD OF
TEMPORARY DETENTION IN THE CUSTODY OF SUCH LOCAL  CORRECTIONAL  FACILITY
SHALL  NOT  EXCEED  SEVENTY-TWO HOURS AND THEREAFTER THE PERSON SHALL BE
TRANSFERRED TO THE CUSTODY  OF  THE  DEPARTMENT  TO  HOLD  IN  TEMPORARY
DETENTION.  A warrant issued pursuant to this section shall also consti-
tute sufficient authority to the person in charge of  a  drug  treatment
campus,  as  defined  in  subdivision  twenty  of  section  two  of  the
correction law, to hold the person named therein, in accordance with the
procedural requirements of this section, for a period of at least ninety
days to complete an intensive drug treatment  program  mandated  by  the
board  as an alternative to presumptive release or parole or conditional
release revocation, or the revocation of post-release  supervision,  and
shall  also  constitute  sufficient  authority  for return of the person
named therein to local  custody  to  hold  in  temporary  detention  for
further  revocation  proceedings  in  the  event  said  person  does not
successfully complete the intensive drug treatment program. The  board's
rules  shall  provide for cancellation of delinquency and restoration to
supervision upon the successful completion of the program.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided that,  effective  immediately,  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and  directed  to  be  promulgated,
amended and/or repealed on or before such date.