S T A T E O F N E W Y O R K
________________________________________________________________________
7953
I N S E N A T E
October 24, 2014
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to the retaking of
certain persons absconding from parole or other conditional release
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be know and may be cited as
"Cesar's law".
S 2. Paragraph (i) 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) Where there is reasonable cause to believe that a presumptive
releasee, parolee, conditional releasee or person under post-release
supervision has absconded from supervision the board may declare such
person to be delinquent. IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF
A CLASS A FELONY OFFENSE, OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR A VIOLENT FELONY OFFENSE
AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, THE BOARD SHALL DECLARE
SUCH PERSON TO BE DELINQUENT AND A WARRANT SHALL BE ISSUED FOR THE
RETAKING OF SUCH PERSON AND FOR HIS OR HER TEMPORARY DETENTION ACCORDING
TO THE RULES OF THE BOARD, AND THE BOARD SHALL IMMEDIATELY NOTIFY THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE LOCALITY IN WHICH SUCH
ABSCONDER RESIDES. This paragraph shall not be construed to deny such
person a preliminary revocation hearing upon his OR HER retaking, nor to
relieve the department of any obligation it may have to exercise due
diligence to retake the alleged absconder, nor to relieve the parolee or
releasee of any obligation he OR SHE may have to comply with the condi-
tions of his OR HER release.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15865-01-4