senate Bill S4780A

Signed By Governor
2015-2016 Legislative Session

Relates to incapacitated parole violators

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
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

S4780 (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

S4780 (ACTIVE) - Summary

Relates to the proper procedure for parole violators deemed to be incapacitated.

S4780 (ACTIVE) - Sponsor Memo

S4780 (ACTIVE) - 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

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

S4780A (ACTIVE) - Summary

Relates to the proper procedure for parole violators deemed to be incapacitated.

S4780A (ACTIVE) - Sponsor Memo

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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