Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 11, 2015 |
signed chap.545 |
Nov 30, 2015 |
delivered to governor |
Jun 16, 2015 |
returned to senate passed assembly ordered to third reading rules cal.411 substituted for a7685 |
Jun 15, 2015 |
referred to ways and means delivered to assembly passed senate |
May 28, 2015 |
amended on third reading (t) 4780a |
Apr 28, 2015 |
advanced to third reading |
Apr 27, 2015 |
2nd report cal. |
Apr 23, 2015 |
1st report cal.424 |
Apr 15, 2015 |
referred to crime victims, crime and correction |
Senate Bill S4780A
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2015-S4780 - Details
- See Assembly Version of this Bill:
- A7685
- Law Section:
- Executive Law
- Laws Affected:
- Amd §259-i, Exec L; amd §730.10, CP L
2015-S4780 - Sponsor Memo
BILL NUMBER:S4780 TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to revocation proceedings PURPOSE: This bill would provide a stay in a parole revocation proceeding when an alleged violator contends they are an incapacitated person until such determination is made by a criminal court. SUMMARY OF PROVISIONS: Section 1 amends subparagraph (i) of paragraph (c) of subdivision 3 of section 259-i of the executive law to refer an alleged offender who contends, or reasonably appears to be an incapacitated person, to a criminal court under criminal procedure law 730.10. Section 2 amends subdivision 2 of section 730.10 of the criminal procedure law to expand the definition of "Order of examination" to include an alleged violator in a parole revocation proceeding. Section 3 states this act shall take effect on the one hundred eightieth day after it shall have become law. JUSTIFICATION: In a recent Court of Appeals decision, Lopez v. Evans, the Court held that a mentally incapacitated person was unfit to proceed to a parole revocation hearing and therefore proceeding
2015-S4780 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4780 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law and the criminal procedure law, in relation to revocation proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph (c) of subdivision 3 of section 259-i of the executive law, as amended by section 11 of part E of chapter 62 of the laws of 2003, is amended to read as follows: (i) Within fifteen days after the warrant for retaking and temporary detention has been executed, unless the releasee has been convicted of a new crime committed while under presumptive release, parole, conditional release or post-release supervision, the board of parole shall afford the alleged presumptive release, parole, conditional release or post-re- lease supervision violator a preliminary revocation hearing before a hearing officer designated by the board of parole. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator. IF THE ALLEGED VIOLATOR CONTENDS OR IF IT REASONABLY APPEARS, THAT HE OR SHE IS AN INCAPACITATED PERSON, AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 730.10 OF THE CRIMINAL PROCEDURE LAW, AND NO JUDICIAL DETERMINATION HAS PREVIOUSLY BEEN MADE THAT THE ALLEGED VIOLA- TOR IS AN INCAPACITATED PERSON, THE REVOCATION PROCEEDING SHALL BE STAYED AND THE MATTER SHALL BE REFERRED TO A COURT OF COMPETENT JURIS- DICTION FOR DETERMINATION OF THE ALLEGED VIOLATOR'S FITNESS TO PROCEED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW. IF THE COURT DETERMINES THAT THE ALLEGED VIOLA- TOR IS NOT AN INCAPACITATED PERSON, THE COURT SHALL ORDER THAT THE MATTER BE RETURNED TO THE BOARD OF PAROLE FOR CONTINUATION AND DISPOSI- TION OF THE REVOCATION PROCEEDING. IF THE COURT DETERMINES THAT THE ALLEGED VIOLATOR IS AN INCAPACITATED PERSON, THE COURT SHALL PROCEED IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10451-02-5
2015-S4780A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7685
- Law Section:
- Executive Law
- Laws Affected:
- Amd §259-i, Exec L; amd §730.10, CP L
2015-S4780A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4780A TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to incapacitated parole violators PURPOSE: This bill would provide a stay in a parole revocation proceeding when an alleged violator contends they are an incapacitated person until such determination is made by a criminal court. SUMMARY OF PROVISIONS: Section 1 amends § 259-i(3)(a)(i) of the executive law concerning the issuance of parole warrants when a parolee has been found unfit to proceed to trial or is currently undergoing a capacity examination. Section 2 amends § 259-i(3)(c)(i) of the executive law to provide for process in a parole revocation proceeding when a parolee appears to be incapacitated. Section 3 amends § 730.10(2) of the criminal procedure law to include alleged parole violators as subjects of orders of examination.
2015-S4780A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4780--A Cal. No. 424 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the executive law and the criminal procedure law, in relation to incapacitated parole violators 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-l 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 UNLESS SUCH PERSON HAS BEEN DETERMINED TO BE CURRENTLY UNFIT TO PROCEED TO TRIAL OR IS CURRENTLY SUBJECT TO A TEMPO- RARY OR FINAL ORDER OF OBSERVATION PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW, IN WHICH CASE NO WARRANT SHALL BE ISSUED. The retaking and detention of any such person may be further regulated by rules and regulations of the department not inconsistent with this article. A warrant issued pursuant to this section shall constitute sufficient authority to the superintendent or other person in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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