S T A T E O F N E W Y O R K
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2493
2009-2010 Regular Sessions
I N A S S E M B L Y
January 16, 2009
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the executive law, in relation to requiring persons in
violation of parole to be placed in the custody of the department of
correctional services; and to repeal subparagraph (ii) of paragraph
(a) of subdivision 3 of section 259-i of such law relating to the
placement of such persons in local correctional facilities
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 11 of part E
of chapter 62 of the laws of 2003, 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 of parole, or to any officer of the
division 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
division not inconsistent with this article. A warrant issued pursuant
to this section shall constitute sufficient authority [to the super-
intendent or other person in charge of any jail, penitentiary, lockup or
detention pen to whom it is delivered to hold in temporary detention]
FOR THE IMMEDIATE PLACEMENT OF the person named therein ONLY INTO THE
CUSTODY OF THE DEPARTMENT OF CORRECTIONAL SERVICES TO HOLD IN TEMPORARY
DETENTION; [except that] a warrant issued with respect to a person who
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01735-01-9
A. 2493 2
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 ALSO consti-
tute authority for the immediate placement of the parolee only into the
custody of the department of correctional services 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 of parole as an alternative to presumptive release or parole or
conditional release revocation, or the revocation of post-release super-
vision, 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. Subparagraph (i) of paragraph (a) of subdivision 3 of section
259-i of the executive law, as separately amended by chapter 904 of the
laws of 1977 and chapter 1 of the laws of 1998, is amended to read as
follows:
[(i)] If the parole officer having charge of a paroled or condi-
tionally released person or a person released to post-release super-
vision or a person received under the uniform act for out-of-state paro-
lee 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 parole, conditional release or post-release super-
vision, such parole officer shall report such fact to a member of the
board of parole, or to any officer of the division 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 division 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] FOR THE IMMEDIATE PLACEMENT OF the
person named therein ONLY INTO THE CUSTODY OF THE DEPARTMENT OF CORREC-
TIONAL SERVICES TO HOLD IN TEMPORARY DETENTION. A warrant issued pursu-
ant to this section shall also constitute 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 of parole as an alternative to
parole or conditional release revocation, or the revocation of post-re-
lease 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 restora-
tion to supervision upon the successful completion of the program.
S 3. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
259-i of the executive law is REPEALED.
A. 2493 3
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided that:
(a) the amendments to subparagraph (i) of paragraph (a) of subdivision
3 of section 259-i of the executive law, made by section one of this
act, shall be subject to the expiration and reversion of such subpara-
graph pursuant to section 427 of chapter 55 of the laws of 1992, as
amended, when upon such date the provisions of section two of this act
shall take effect; and
(b) effective immediately, the addition, amendment and/or repeal of
any rules and regulations necessary for the implementation of this act
on its effective date are authorized and directed to be made and
completed on or before such effective date.