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Assembly Bill A7217A

2015-2016 Legislative Session

Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A7217 - Details

See Senate Version of this Bill:
S3388
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7953
2017-2018: A3159, S2819
2019-2020: A7035, S3268
2021-2022: A2187, S5608
2023-2024: S4318
2025-2026: S5899

2015-A7217 - Summary

Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole.

2015-A7217 - Bill Text download pdf 

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

                                  7217

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2015
                               ___________

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

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.
                                                           LBD02369-01-5

2015-A7217A (ACTIVE) - Details

See Senate Version of this Bill:
S3388
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7953
2017-2018: A3159, S2819
2019-2020: A7035, S3268
2021-2022: A2187, S5608
2023-2024: S4318
2025-2026: S5899

2015-A7217A (ACTIVE) - Summary

Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole.

2015-A7217A (ACTIVE) - Bill Text download pdf 

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

                                 7217--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Correction -- recommitted to the Committee on Correction in accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 known 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] 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.
                                                           LBD02369-02-6

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