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

                                  3498

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. AUBRY, LENTOL, BRADLEY, DESTITO, PAULIN -- read
  once and referred to the Committee on Correction

AN ACT to amend the correction law, the executive law and the penal law,
  in relation to release and supervision of persons serving  a  definite
  sentence

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

  Section 1. The correction law is amended by adding a new article 12 to
read as follows:
                               ARTICLE 12
                  LOCAL CONDITIONAL RELEASE COMMISSION

SECTION 270. DEFINITIONS.
        271. LOCAL CONDITIONAL RELEASE COMMISSION; ORGANIZATION.
        272. LOCAL CONDITIONAL RELEASE COMMISSION; FUNCTION, POWERS  AND
               DUTIES.
        273. CONDITIONAL  RELEASE; PROCEDURES FOR APPLICATION AND DETER-
               MINATIONS.
        274. CONDITIONAL RELEASE; PROCEDURES FOR VIOLATION, DELINQUENCY,
               WARRANTS AND REVOCATION.
        275. TRANSFER OF CUSTODY AND SUPERVISION OF CONDITIONAL  RELEAS-
               EE.
        276. REGULATIONS AND REPORT.
  S  270. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE
THE FOLLOWING MEANINGS:
  1. "COMMISSION" MEANS THE LOCAL CONDITIONAL RELEASE COMMISSION.
  2. "COUNTY" MEANS EACH COUNTY IN THE STATE, EXCEPT A COUNTY WITHIN THE
CITY OF NEW YORK.
  3. "COUNTY EXECUTIVE" MEANS THE COUNTY COMMISSIONER,  COUNTY  MANAGER,
COUNTY DIRECTOR OR COUNTY PRESIDENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04052-01-9

              

A. 3498                             2

  4.  "DIVISION" MEANS THE DIVISION OF PROBATION AND CORRECTIONAL ALTER-
NATIVES.
  S  271.  LOCAL CONDITIONAL RELEASE COMMISSION; ORGANIZATION. 1.  EVERY
COUNTY, AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW  ESTABLISHING  A
LOCAL CONDITIONAL RELEASE COMMISSION. SUCH COMMISSION SHALL BE APPOINTED
BY  THE  COUNTY  EXECUTIVE,  UPON  THE  ADVICE AND CONSENT OF THE COUNTY
LEGISLATURE, OR IN THE CASE OF THE CITY OF  NEW  YORK,  SUCH  COMMISSION
SHALL BE APPOINTED BY THE MAYOR, UPON THE ADVICE AND CONSENT OF THE CITY
COUNCIL.  EACH  SUCH  COMMISSION SHALL CONSIST OF AT LEAST FIVE MEMBERS.
EACH MEMBER OF THE COMMISSION SHALL HAVE GRADUATED  FROM  AN  ACCREDITED
FOUR  YEAR  COLLEGE OR UNIVERSITY AND SHALL HAVE HAD AT LEAST FIVE YEARS
OF EXPERIENCE IN THE FIELD OF CRIMINOLOGY,  ADMINISTRATION  OF  CRIMINAL
JUSTICE,  LAW  ENFORCEMENT,  PROBATION, PAROLE, LAW, SOCIAL WORK, SOCIAL
SCIENCE, PSYCHOLOGY, PSYCHIATRY OR CORRECTIONS.
  2. THE TERM OF OFFICE OF EACH MEMBER OF SUCH COMMISSION SHALL  BE  FOR
FOUR  YEARS; PROVIDED, HOWEVER, THAT ANY MEMBER CHOSEN TO FILL A VACANCY
OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL  BE  APPOINTED  FOR
THE  REMAINDER OF THE UNEXPIRED TERM OF THE MEMBER WHOM THE PERSON IS TO
SUCCEED. VACANCIES CAUSED BY EXPIRATION OF TERM OR  OTHERWISE  SHALL  BE
FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
  3.  NO MEMBER OF THE COMMISSION SHALL SERVE AS A REPRESENTATIVE OF ANY
POLITICAL PARTY ON AN EXECUTIVE COMMITTEE OR OTHER GOVERNING BODY THERE-
OF, AS AN EXECUTIVE OFFICER OR  EMPLOYEE  OF  ANY  POLITICAL  COMMITTEE,
ORGANIZATION  OR  ASSOCIATION,  NOR  BE A JUDGE OR JUSTICE, A SHERIFF OR
DISTRICT ATTORNEY.
  4. ANY MEMBER MAY BE REMOVED BY THE COUNTY EXECUTIVE, OR THE MAYOR  IN
THE  CASE OF THE CITY OF NEW YORK, FOR CAUSE, AFTER NOTICE AND AN OPPOR-
TUNITY TO BE HEARD.
  5. THE DIRECTOR OF THE LOCAL PROBATION DEPARTMENT, OR SUCH  DIRECTOR'S
DESIGNEE, SHALL SERVE AS AN EX-OFFICIO, NON-VOTING MEMBER OF THE COMMIS-
SION.
  6.  THE  LOCAL  PROBATION DEPARTMENT SHALL ASSIGN STAFF SUPPORT TO THE
COMMISSION.
  S 272. LOCAL CONDITIONAL  RELEASE  COMMISSION;  FUNCTION,  POWERS  AND
DUTIES. THE COMMISSION SHALL:
  1.  HAVE  THE  POWER  AND  DUTY OF DETERMINING WHICH PERSONS SENTENCED
WITHIN THE COUNTY, OR THE CITY OF  NEW  YORK,  AND  SERVING  A  DEFINITE
SENTENCE  OF  IMPRISONMENT AND ELIGIBLE FOR CONDITIONAL RELEASE PURSUANT
TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW MAY BE RELEASED  ON
CONDITIONAL  RELEASE  AND  WHEN  AND UNDER WHAT CONDITIONS IN ACCORDANCE
WITH SECTION TWO HUNDRED SEVENTY-THREE OF THIS ARTICLE;
  2. REQUIRE MEMBERS TO BE PHYSICALLY PRESENT  AT  ALL  MEETINGS  FOR  A
MAJORITY QUORUM;
  3. HAVE THE POWER TO DETERMINE, AS EACH INMATE APPLIES FOR CONDITIONAL
RELEASE,  THE  NEED  FOR SUPPLEMENTAL INVESTIGATION OF THE BACKGROUND OF
SUCH INMATE AND CAUSE SUCH INVESTIGATION AS MAY BE NECESSARY TO BE  MADE
AS  SOON  AS  PRACTICABLE. THE COMMISSION MAY REQUIRE THAT THE PROBATION
DEPARTMENT LOCATED IN THE JURISDICTION OF THE  COMMISSION  CONDUCT  SUCH
SUPPLEMENTAL  INVESTIGATION.  THE RESULTS OF SUCH INVESTIGATION TOGETHER
WITH ALL OTHER INFORMATION COMPILED BY THE LOCAL  CORRECTIONAL  FACILITY
AND  THE COMPLETE CRIMINAL RECORD AND FAMILY COURT RECORD OF SUCH INMATE
SHALL BE READILY AVAILABLE WHEN THE CONDITIONAL RELEASE OF  SUCH  INMATE
IS BEING CONSIDERED. SUCH INFORMATION SHALL INCLUDE A COMPLETE STATEMENT
OF  THE CRIME FOR WHICH THE INMATE HAS BEEN SENTENCED, THE CIRCUMSTANCES
OF SUCH CRIME, ALL PRESENTENCE MEMORANDA, THE NATURE  OF  THE  SENTENCE,
THE  COURT IN WHICH SUCH INMATE WAS SENTENCED, THE NAME OF THE JUDGE AND

A. 3498                             3

DISTRICT ATTORNEY AND COPIES OF SUCH PROBATION REPORTS AS MAY HAVE  BEEN
MADE  AS WELL AS REPORTS AS TO THE INMATE'S SOCIAL, PHYSICAL, MENTAL AND
PSYCHIATRIC CONDITION AND HISTORY;
  4. HAVE THE LEGAL CUSTODY OF PERSONS CONDITIONALLY RELEASED AND PLACED
UNDER  THE SUPERVISION OF THE LOCAL PROBATION DEPARTMENT FOR A PERIOD OF
ONE YEAR, OR UNTIL RETURNED TO THE CUSTODY  OF  THE  LOCAL  CORRECTIONAL
FACILITY  LOCATED IN THE JURISDICTION OF THE COMMISSION, AS THE CASE MAY
BE;
  5. HAVE THE POWER TO REVOKE THE CONDITIONAL RELEASE OF ANY  PERSON  IN
THE  LEGAL CUSTODY OF THE COMMISSION AND TO ISSUE DECLARATIONS OF DELIN-
QUENCY AND AUTHORIZE THE ISSUANCE OF A WARRANT FOR THE RETAKING OF  SUCH
PERSON,  AS  PROVIDED  FOR  IN  SECTION TWO HUNDRED SEVENTY-FOUR OF THIS
ARTICLE;
  6. FOR THE PURPOSE OF ANY INVESTIGATION NECESSARY IN  THE  PERFORMANCE
OF  ITS DUTIES, HAVE THE POWER TO ISSUE SUBPOENAS, TO COMPEL THE ATTEND-
ANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, AND  OTHER  DOCU-
MENTS  PERTINENT  TO  THE  SUBJECT  OF  ITS  INQUIRY. THE MINUTES OF ALL
COMMISSION MEETINGS MUST BE RECORDED AND SUCH RECORDS SHALL BE  RETAINED
PERMANENTLY BY THE COMMISSION;
  7. HAVE THE POWER TO AUTHORIZE ANY MEMBERS THEREOF TO ADMINISTER OATHS
AND TAKE THE TESTIMONY OF PERSONS UNDER OATH;
  8.  NOTIFY,  IN  WRITING,  THE  INITIAL SENTENCING COURT, THE DISTRICT
ATTORNEY AND DEFENSE COUNSEL WITHIN FIVE BUSINESS DAYS OF RECEIPT OF  AN
APPLICATION FOR A LOCAL CONDITIONAL RELEASE FILED UNDER THIS ARTICLE AND
PROVIDE  A  FIFTEEN DAY PERIOD FOR COMMENT ON SUCH APPLICATION. COMMENTS
SUBMITTED UNDER THIS SUBDIVISION SHALL BE PROVIDED TO THE COMMISSION AND
ALL PARTIES;
  9. NOTIFY IN WRITING THE APPROPRIATE LOCAL PROBATION DEPARTMENT  PRIOR
TO  RELEASE  OF  A  CONDITIONALLY  RELEASED  PERSON OF SUCH DEPARTMENT'S
RESPONSIBILITIES TO SUPERVISE SUCH PERSON;
  SUCH NOTICE SHALL INCLUDE THE NAME AND RESIDENCE OF  THE  PERSON,  THE
DATE  OF  RELEASE,  THE CONDITIONS OF RELEASE, AND ALL NECESSARY RECORDS
MAINTAINED ON SUCH PERSON TO AID THE LOCAL PROBATION DEPARTMENT  IN  THE
PERFORMANCE  OF  ITS  RESPONSIBILITIES  PURSUANT  TO  SUBDIVISION SIX OF
SECTION TWO HUNDRED FIFTY-SIX OF THE EXECUTIVE LAW;
  10. HAVE THE POWER TO TRANSFER THE LEGAL  CUSTODY  OF  PERSONS  CONDI-
TIONALLY  RELEASED  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
HUNDRED SEVENTY-FIVE OF THIS ARTICLE;
  11. PRESENT AN ANNUAL REPORT TO THE COUNTY LEGISLATURE, OR IN THE CASE
OF THE CITY OF NEW YORK, TO  THE  CITY  COUNCIL,  OF  ITS  FINDINGS  AND
ACTIONS ON SUBMITTED APPLICATIONS.
  S  273.  CONDITIONAL  RELEASE; PROCEDURES FOR APPLICATION AND DETERMI-
NATIONS. 1. ANY INMATE WHO IS ELIGIBLE  FOR  CONDITIONAL  RELEASE  BY  A
COMMISSION PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW
AND WHO HAS SERVED A MINIMUM PERIOD OF SIXTY DAYS IN A LOCAL CORRECTION-
AL  FACILITY  MAY  APPLY FOR CONDITIONAL RELEASE.   ELIGIBILITY CRITERIA
SHALL BE LIMITED TO INMATES:
  (A) WHO HAVE NOT BEEN  PREVIOUSLY  CONVICTED  AND  WHO  DO  NOT  STAND
CONVICTED  OF  ANY CRIME WHICH WOULD MAKE SUCH INMATE INELIGIBLE FOR THE
RECEIPT OF MERIT TIME PURSUANT TO SECTION EIGHT HUNDRED  THREE  OF  THIS
CHAPTER,  ANY  CRIME  PURSUANT TO ARTICLE TWO HUNDRED THIRTY-FIVE OF THE
PENAL LAW WHEN THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF  EIGHTEEN
AT THE TIME OF THE OFFENSE, OR ANY CRIME WHICH THE COMMISSION DETERMINES
CONSTITUTED A CRIME OF DOMESTIC VIOLENCE;
  (B)  HAVING  JAIL  RECORDS WHICH MAKE THEM ELIGIBLE FOR A REDUCTION OF
SENTENCE UNDER SECTION EIGHT HUNDRED FOUR OF THIS CHAPTER;

A. 3498                             4

  (C) HAVING VERIFIED COMMUNITY TIES IN  ONE  OF  THE  FOLLOWING  AREAS:
EMPLOYMENT, PERMANENT RESIDENCE AND FAMILY.
  APPLICATION SHALL BE MADE IN WRITING, ON FORMS PRESCRIBED BY THE DIVI-
SION, TO THE COMMISSION IN THE COUNTY WHERE THE SENTENCE WAS IMPOSED.
  2. THE COMMISSION SHALL REVIEW AND MAKE A DETERMINATION ON EACH APPLI-
CATION  WITHIN  THIRTY  DAYS OF RECEIPT OF SUCH APPLICATION. NO DETERMI-
NATION GRANTING OR DENYING SUCH APPLICATION SHALL BE VALID  UNLESS  MADE
BY  A  MAJORITY  VOTE  OF AT LEAST THREE COMMISSION MEMBERS PRESENT.  NO
RELEASE SHALL BE GRANTED UNLESS THERE IS A REASONABLE PROBABILITY  THAT,
IF  SUCH  INMATE IS RELEASED, HE OR SHE SHALL LIVE AND REMAIN AT LIBERTY
WITHOUT VIOLATING THE LAW, AND THAT HIS OR HER RELEASE IS NOT  INCOMPAT-
IBLE WITH THE WELFARE OF SOCIETY AND SHALL NOT SO DEPRECATE THE SERIOUS-
NESS OF HIS OR HER CRIME AS TO UNDERMINE RESPECT FOR LAW.
  3.  IF  CONDITIONAL  RELEASE  IS GRANTED, THE COMMISSION SHALL SET THE
CONDITIONS FOR RELEASE OF THE PERSON IN ACCORDANCE WITH RULES AND  REGU-
LATIONS  PROMULGATED  BY THE DIVISION. SUCH PERSON SHALL BE GIVEN A COPY
OF THE CONDITIONS OF RELEASE. SUCH CONDITIONS SHALL, WHERE  APPROPRIATE,
INCLUDE  A REQUIREMENT THAT THE PERSON COMPLY WITH ANY RESTITUTION ORDER
PREVIOUSLY IMPOSED BY A COURT OF COMPETENT JURISDICTION THAT APPLIES  TO
THE PERSON.
  4.  NO  PERSON  WHO  HAS  BEEN  GRANTED  CONDITIONAL  RELEASE SHALL BE
RELEASED UNTIL SUCH PERSON HAS SERVED A MINIMUM PERIOD OF  INCARCERATION
OF  NINETY  DAYS, IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION 70.40 OF
THE PENAL LAW, AND UNLESS SUCH PERSON  HAS  AGREED  IN  WRITING  TO  THE
CONDITIONS  SET  BY THE COMMISSION. SUCH AGREEMENT SHALL STATE IN PLAIN,
EASILY UNDERSTANDABLE LANGUAGE THE CONSEQUENCES OF A VIOLATION OF ONE OR
MORE OF THE CONDITIONS OF RELEASE.
  5. PERSONS WHO HAVE BEEN GRANTED CONDITIONAL RELEASE BY THE COMMISSION
ESTABLISHED  PURSUANT  TO  THIS  ARTICLE  SHALL,  WHILE  ON  CONDITIONAL
RELEASE,  BE  IN THE LEGAL CUSTODY OF THE COMMISSION FOR A PERIOD OF ONE
YEAR, OR UNTIL RETURNED TO THE CUSTODY OF THE LOCAL CORRECTIONAL FACILI-
TY LOCATED IN THE JURISDICTION OF THE COMMISSION, AS THE  CASE  MAY  BE.
THE  PROBATION  DEPARTMENT LOCATED IN THE JURISDICTION OF THE COMMISSION
HAS THE DUTY OF SUPERVISING THE PERSON DURING THE PERIOD OF SUCH  CONDI-
TIONAL  RELEASE.    THE COMMISSION SHALL IMPOSE A MINIMUM OF FOUR SUPER-
VISION CONTACTS PER MONTH WHILE THE PERSON IS ON CONDITIONAL RELEASE.
  6. IF CONDITIONAL RELEASE IS NOT GRANTED, THE COMMISSION SHALL  INFORM
THE  PERSON  IN  WRITING  OF  THE FACTORS AND REASONS FOR SUCH DENIAL OF
CONDITIONAL RELEASE WITHIN FIFTEEN DAYS OF THE  DECISION.  SUCH  REASONS
SHALL  BE  GIVEN  IN  DETAIL AND NOT IN CONCLUSORY TERMS. INMATES DENIED
CONDITIONAL RELEASE ARE ELIGIBLE TO REAPPLY SIXTY DAYS AFTER THE DATE OF
SUBMISSION OF THE DENIED APPLICATION.
  S 274. CONDITIONAL RELEASE;  PROCEDURES  FOR  VIOLATION,  DELINQUENCY,
WARRANTS  AND  REVOCATION. 1. IF AT ANY TIME DURING THE PERIOD OF CONDI-
TIONAL RELEASE, THE COMMISSION, OR ANY MEMBER  THEREOF,  HAS  REASONABLE
CAUSE  TO  BELIEVE THAT A PERSON WHO HAS BEEN CONDITIONALLY RELEASED HAS
LAPSED INTO CRIMINAL WAYS OR COMPANY, OR HAS VIOLATED ONE OR MORE CONDI-
TIONS OF CONDITIONAL RELEASE, THE COMMISSION OR SUCH MEMBER MAY  DECLARE
SUCH  PERSON  DELINQUENT AND ISSUE A WRITTEN DECLARATION OF DELINQUENCY.
UPON SUCH DECLARATION, SUCH  COMMISSION  OR  SUCH  MEMBER  MAY  ISSUE  A
WARRANT FOR THE RETAKING AND TEMPORARY DETENTION OF SUCH PERSON.
  2.  A  WARRANT ISSUED PURSUANT TO THIS SECTION SHALL CONSTITUTE SUFFI-
CIENT AUTHORITY TO THE CHIEF ADMINISTRATIVE OFFICER OF ANY LOCAL CORREC-
TIONAL FACILITY TO WHOM IT IS DELIVERED TO HOLD IN  TEMPORARY  DETENTION
THE PERSON NAMED THEREIN.

A. 3498                             5

  3.  A  WARRANT  ISSUED PURSUANT TO THIS SECTION MAY BE EXECUTED BY ANY
PROBATION OFFICER OR ANY OFFICER AUTHORIZED TO SERVE CRIMINAL PROCESS OR
ANY PEACE OFFICER, WHO IS ACTING PURSUANT TO HIS OR HER SPECIAL  DUTIES,
OR  ANY  POLICE  OFFICER. ANY SUCH OFFICER TO WHOM SUCH WARRANT SHALL BE
DELIVERED  IS  AUTHORIZED AND REQUIRED TO EXECUTE SUCH WARRANT BY TAKING
SUCH PERSON AND HAVING HIM OR HER  DETAINED  AS  PROVIDED  FOR  IN  THIS
SECTION.
  4.  THE  ALLEGED VIOLATOR SHALL, WITHIN THREE DAYS OF THE EXECUTION OF
THE WARRANT, BE GIVEN WRITTEN NOTICE OF THE TIME, PLACE AND  PURPOSE  OF
THE  HEARING.  THE  NOTICE  SHALL  STATE  WHAT CONDITIONS OF CONDITIONAL
RELEASE ARE ALLEGED TO HAVE BEEN VIOLATED AND IN WHAT MANNER  AND  SHALL
INFORM  THE  ALLEGED VIOLATOR OF HIS OR HER RIGHT TO COUNSEL AS PROVIDED
FOR IN SUBDIVISION SEVEN OF THIS SECTION.
  5. THE ALLEGED CONDITIONAL RELEASE VIOLATOR SHALL  APPEAR  BEFORE  THE
COMMISSION  WITHIN  FIFTEEN DAYS OF THE EXECUTION OF THE WARRANT. AT THE
TIME OF SUCH APPEARANCE THE COMMISSION SHALL ASK  THE  ALLEGED  VIOLATOR
WHETHER  HE  OR  SHE  WISHES  TO  MAKE ANY STATEMENT WITH RESPECT TO THE
VIOLATION. IF THE ALLEGED VIOLATOR MAKES A STATEMENT, THE COMMISSION MAY
ACCEPT IT AND BASE A DECISION THEREON. IF THE COMMISSION DOES NOT ACCEPT
IT, OR IF THE ALLEGED VIOLATOR DOES NOT MAKE A STATEMENT, THE COMMISSION
SHALL PROCEED WITH THE HEARING.
  6. THE COMMISSION MAY  RECEIVE  ANY  RELEVANT  EVIDENCE.  THE  ALLEGED
VIOLATOR  MAY CROSS EXAMINE WITNESSES AND MAY PRESENT EVIDENCE ON HIS OR
HER OWN BEHALF.
  7. THE ALLEGED VIOLATOR IS ENTITLED TO COUNSEL AT ALL  STAGES  OF  ANY
PROCEEDING UNDER THIS SECTION AND THE COMMISSION SHALL ADVISE HIM OR HER
OF  SUCH  RIGHT  UPON DELIVERING TO THE ALLEGED VIOLATOR WRITTEN NOTICE,
REQUIRED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  8. AT THE CONCLUSION OF THE HEARING,  THE  COMMISSION  SHALL  ISSUE  A
FINDING.  IF  THE COMMISSION IS NOT SATISFIED THAT THERE IS A PREPONDER-
ANCE OF EVIDENCE IN SUPPORT  OF  THE  VIOLATION,  THE  COMMISSION  SHALL
DISMISS  THE  VIOLATION,  CANCEL  DELINQUENCY  AND RESTORE THE PERSON TO
SUPERVISION. IF THE COMMISSION IS SATISFIED THAT THERE IS  A  PREPONDER-
ANCE  OF  EVIDENCE THAT THE ALLEGED VIOLATOR VIOLATED ONE OR MORE CONDI-
TIONS OF CONDITIONAL RELEASE IN AN  IMPORTANT  RESPECT,  THE  COMMISSION
SHALL SO FIND.
  9.  UPON  A  FINDING  IN  SUPPORT OF THE VIOLATION, THE COMMISSION MAY
REVOKE THE CONDITIONAL RELEASE, OR CONTINUE OR MODIFY THE CONDITIONS  OF
SUCH CONDITIONAL RELEASE. WHERE THE COMMISSION REVOKES A PERSON'S CONDI-
TIONAL  RELEASE,  SUCH  PERSON  SHALL BE COMMITTED TO THE CUSTODY OF THE
CHIEF ADMINISTRATIVE OFFICER OF THE LOCAL CORRECTIONAL FACILITY TO SERVE
THE TIME REMAINING ON HIS OR HER SENTENCE, IN ACCORDANCE  WITH  SUBDIVI-
SION THREE OF SECTION 70.40 OF THE PENAL LAW. WHERE THE COMMISSION MODI-
FIES  THE  CONDITIONS  OF  THE CONDITIONAL RELEASE, THE COMMISSION SHALL
INFORM THE PERSON, IN WRITING, OF SUCH MODIFIED CONDITIONS.
  10. ANY ACTIONS BY THE COMMISSION PURSUANT TO THIS  ARTICLE  SHALL  BE
DEEMED  A  JUDICIAL  FUNCTION  AND  SHALL  NOT  BE REVIEWABLE IF DONE IN
ACCORDANCE WITH LAW.
  S 275. TRANSFER OF CUSTODY AND SUPERVISION OF CONDITIONAL RELEASEE. 1.
IF A PERSON WHO HAS BEEN GRANTED CONDITIONAL RELEASE  PURSUANT  TO  THIS
ARTICLE  RESIDES  OR  DESIRES  TO  RESIDE  IN A PLACE OTHER THAN THE ONE
LOCATED WITHIN THE JURISDICTION OF THE COMMISSION WHICH HAS LEGAL CUSTO-
DY OF SUCH PERSON, SUCH COMMISSION, OR ANY MEMBER THEREOF, MAY DESIGNATE
ANY OTHER COMMISSION ESTABLISHED PURSUANT TO THIS ARTICLE, OR THE PAROLE
BOARD, TO ASSUME CUSTODY OF SUCH PERSON AND MAY SO TRANSFER CUSTODY.

A. 3498                             6

  2. WHERE CUSTODY OF A PERSON WHO HAS BEEN GRANTED CONDITIONAL  RELEASE
PURSUANT  TO  THIS ARTICLE IS TRANSFERRED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, UPON DESIGNATION AND PRIOR  TO  TRANSFER,  THE  COMMISSION
MAKING THE DESIGNATION SHALL NOTIFY THE COMMISSION WHICH HAS BEEN DESIG-
NATED  TO  RECEIVE  CUSTODY  OF  SUCH TRANSFER OR THE PAROLE BOARD.  THE
COMMISSION MAKING THE DESIGNATION SHALL IMMEDIATELY FORWARD  ITS  ENTIRE
CASE  RECORD  REGARDING  SUCH  PERSON TO THE RECEIVING COMMISSION OR THE
PAROLE BOARD.  THE COMMISSION TO WHICH LEGAL  CUSTODY  HAS  BEEN  TRANS-
FERRED,  OR  THE  PAROLE  BOARD, SHALL ASSUME THE SAME POWERS AND DUTIES
EXERCISED BY THE DESIGNATING COMMISSION AND SHALL HAVE THE SOLE  CUSTODY
OF SUCH PERSON.
  3.  THE  COMMISSION MAKING THE DESIGNATION SHALL, UPON DESIGNATION AND
PRIOR TO TRANSFER, NOTIFY THE LOCAL PROBATION DEPARTMENT LOCATED IN  THE
JURISDICTION  OF  THE  RECEIVING COMMISSION OF THE DUTIES OF SUPERVISION
AND CONDITIONS OF RELEASE OF SUCH PERSON. UPON SUCH  NOTIFICATION,  SUCH
PROBATION  DEPARTMENT  SHALL ASSUME RESPONSIBILITIES OF SUPERVISION. THE
COMMISSION MAKING THE DESIGNATION SHALL IMMEDIATELY FORWARD  ITS  ENTIRE
CASE RECORD REGARDING SUCH PERSON TO SUCH PROBATION DEPARTMENT.
  S  276.  REGULATIONS  AND  REPORT. THE DIVISION SHALL PROMULGATE REGU-
LATIONS IN CONFORMANCE WITH THE PROVISIONS OF THIS ARTICLE WHICH  ENSURE
THAT  LOCAL  CONDITIONAL  RELEASE COMMISSIONS OPERATE IN ACCORDANCE WITH
THE REQUIREMENTS PROVIDED IN THIS ARTICLE.  THE  DIVISION  SHALL  REPORT
ANNUALLY  TO  THE SPEAKER OF THE ASSEMBLY AND TO THE TEMPORARY PRESIDENT
OF THE SENATE CONCERNING THE OPERATIONS  OF  LOCAL  CONDITIONAL  RELEASE
COMMISSIONS.
  S  2.  The  executive  law is amended by adding a new section 257-b to
read as follows:
  S 257-B. CONDITIONAL RELEASEES; DUTIES OF SUPERVISION. 1. IT SHALL  BE
THE  DUTY OF EVERY PROBATION OFFICER TO FURNISH EACH PERSON WHO HAS BEEN
ORDERED TO HIS OR HER SUPERVISION PURSUANT TO SUBDIVISION TWO OF SECTION
70.40 OF THE PENAL LAW, WITH A STATEMENT OF THE  CONDITIONS  OF  RELEASE
AND  TO  INSTRUCT  SUCH  PERSON  WITH  REGARD  THERETO; TO KEEP INFORMED
CONCERNING  SUCH  PERSON'S  CONDUCT,  HABITS,  ASSOCIATES,  EMPLOYMENTS,
RECREATION AND WHEREABOUTS; TO CONTACT SUCH PERSON AT LEAST ONCE A MONTH
PURSUANT  TO  RULES  AND REGULATIONS PROMULGATED BY THE DIVISION; TO AID
AND ENCOURAGE SUCH PERSON BY FRIENDLY ADVICE AND ADMONITION AND, BY SUCH
OTHER MEASURES AS MAY SEEM MOST SUITABLE, TO BRING ABOUT IMPROVEMENT  IN
SUCH PERSON'S CONDUCT, CONDITION AND GENERAL ATTITUDE TOWARD SOCIETY.
  2.  PROBATION OFFICERS SHALL REPORT TO THE HEAD OF THE LOCAL PROBATION
DEPARTMENT WHO SHALL IN TURN REPORT IN WRITING TO THE LOCAL  CONDITIONAL
RELEASE  COMMISSION  HAVING  CUSTODY  OF  SUCH  PERSON  AT LEAST MONTHLY
CONCERNING THE CONDUCT AND CONDITION OF PERSONS  CONDITIONALLY  RELEASED
PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION 70.40 OF THE PENAL LAW; KEEP
RECORDS OF THEIR WORK AS PROBATION OFFICERS; KEEP ACCURATE AND  COMPLETE
ACCOUNTS  OF ALL MONEY COLLECTED FROM SUCH PERSONS; GIVE RECEIPTS THERE-
FOR AND MAKE PROMPT RETURNS THEREOF AT LEAST MONTHLY;  AID  IN  SECURING
EMPLOYMENT; PERFORM SUCH OTHER DUTIES IN CONNECTION WITH THE SUPERVISION
OF  SUCH PERSONS AS MAY BE REQUIRED BY RULES AND REGULATIONS PROMULGATED
BY THE DIVISION; AND MAKE ANY OTHER REPORTS TO THE DIVISION  AS  IT  MAY
REQUIRE.
  3.  IF AT ANY TIME DURING THE PERIOD OF SUPERVISION, A PROBATION OFFI-
CER HAS REASONABLE CAUSE TO  BELIEVE  A  PERSON  CONDITIONALLY  RELEASED
PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW HAS LAPSED
INTO CRIMINAL WAYS OR COMPANY, OR HAS VIOLATED ONE OR MORE CONDITIONS OF
HIS  OR  HER RELEASE, SUCH PROBATION OFFICER SHALL REPORT SUCH FACT TO A

A. 3498                             7

MEMBER OF THE LOCAL CONDITIONAL RELEASE  COMMISSION  HAVING  CUSTODY  OF
SUCH PERSON.
  S 3. Subdivision 4 of section 259-a of the executive law, as separate-
ly  amended by chapter 635 of the laws of 1985 and chapter 1 of the laws
of 1998, is amended to read as follows:
  4. [The] IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE  divi-
sion  shall  supervise  [all]  inmates released on parole or conditional
release, or to post-release supervision, except that  the  division  may
consent  to  the  supervision  of a released inmate by the United States
parole commission pursuant to  the  witness  security  act  of  nineteen
hundred eighty-four.
  S  4.  Subdivision  2 of section 70.40 of the penal law, as amended by
chapter 467 of the laws of 1979, is amended to read as follows:
  2. Definite sentence. A person who is serving one  or  more  than  one
definite  sentence of imprisonment with a MINIMUM term or MINIMUM aggre-
gate term [in excess] of [ninety] ONE HUNDRED TWENTY days, AND IS ELIGI-
BLE FOR RELEASE ACCORDING TO THE CRITERIA SET FORTH IN  PARAGRAPHS  (A),
(B)  AND  (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED SEVENTY-THREE OF
THE CORRECTION LAW, may, if he OR  SHE  so  requests,  be  conditionally
released from the institution in which he OR SHE is confined at any time
after  service of [sixty] NINETY days of that term, exclusive of credits
allowed under subdivisions four and six of section 70.30.  In  computing
service  of  [sixty] NINETY days, the credit allowed for jail time under
subdivision three of section 70.30 shall be calculated as  time  served.
Conditional  release from such institution shall be in the discretion of
the parole board, OR A LOCAL CONDITIONAL RELEASE COMMISSION  ESTABLISHED
PURSUANT TO ARTICLE TWELVE OF THE CORRECTION LAW, and shall be upon such
conditions  as  may be imposed by [that] THE PAROLE board, in accordance
with the provisions of the executive law, OR A LOCAL CONDITIONAL RELEASE
COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THE CORRECTION LAW.
  Conditional  release  shall  interrupt  service  of  the  sentence  or
sentences  and the remaining portion of the term or aggregate term shall
be held in abeyance. Every person so released shall be under the  super-
vision  of  the  parole  board  [for  a  period  of one year] OR A LOCAL
PROBATION DEPARTMENT AND IN THE CUSTODY OF THE LOCAL CONDITIONAL RELEASE
COMMISSION IN ACCORDANCE WITH ARTICLE TWELVE OF THE CORRECTION LAW,  FOR
A  PERIOD  OF  ONE  YEAR.  THE  LOCAL  PROBATION  DEPARTMENT SHALL CAUSE
COMPLETE RECORDS TO BE KEPT OF EVERY PERSON RELEASED TO ITS  SUPERVISION
PURSUANT  TO  THIS  SUBDIVISION.  THE DIVISION OF PAROLE MAY SUPPLY TO A
LOCAL PROBATION DEPARTMENT AND THE LOCAL CONDITIONAL RELEASE  COMMISSION
CUSTODY  INFORMATION  AND RECORDS MAINTAINED ON PERSONS UNDER THE SUPER-
VISION OF SUCH LOCAL PROBATION DEPARTMENT TO AID IN THE  PERFORMANCE  OF
ITS  SUPERVISION  RESPONSIBILITIES.    Compliance with the conditions of
release during the period of supervision shall satisfy  the  portion  of
the term or aggregate term that has been held in abeyance.
  S 5. Paragraph (b) of subdivision 3 of section 70.40 of the penal law,
as  separately  amended  by chapter 1 of the laws of 1998, is amended to
read as follows:
  (b) When a person is alleged to have violated the terms of his  condi-
tional  release or post-release supervision and has been declared delin-
quent by the PAROLE board or THE LOCAL  CONDITIONAL  RELEASE  commission
having supervision over [him] SUCH PERSON, the declaration of delinquen-
cy shall interrupt the period of supervision or post-release supervision
as  of  the  date  of  the  delinquency. For a conditional release, such
interruption shall continue until the return of the person to the insti-
tution from which he was released or, if he was released from an  insti-

A. 3498                             8

tution  under  the  jurisdiction of the state department of [correction]
CORRECTIONAL SERVICES, to an institution under the jurisdiction of  that
department.  Upon  such  return,  the person shall resume service of his
sentence.  For  a  person  released  to  post-release  supervision,  the
provisions of section 70.45 shall apply.
  S 6. This act shall take effect immediately.