S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10545
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Mosley) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the executive law, in relation to revocation of communi-
   ty supervision
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 259 of the executive law is amended by adding five
 new subdivisions 5, 6, 7, 8 and 9 to read as follows:
   5. "RELEASEE" MEANS AN INDIVIDUAL RELEASED FROM AN  INSTITUTION  UNDER
 THE  JURISDICTION  OF  THE  DEPARTMENT  INTO  THE COMMUNITY ON TEMPORARY
 RELEASE, PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE,  POST-RELEASE
 SUPERVISION OR MEDICAL PAROLE.
   6.  "TECHNICAL VIOLATION" MEANS ANY VIOLATION OF A CONDITION OF COMMU-
 NITY SUPERVISION IN AN IMPORTANT RESPECT  OTHER  THAN  CONDUCT  THAT  IF
 PROVED WOULD BE A FELONY OFFENSE, OR A MISDEMEANOR OFFENSE UNDER ARTICLE
 ONE  HUNDRED  TWENTY,  ONE  HUNDRED  TWENTY-ONE, ONE HUNDRED THIRTY, ONE
 HUNDRED THIRTY-FIVE, TWO HUNDRED SIXTY-FIVE OR FOUR HUNDRED  EIGHTY-FIVE
 OF THE PENAL LAW.
   7. "ABSCONDING" MEANS INTENTIONALLY AVOIDING SUPERVISION BY FAILING TO
 MAINTAIN CONTACT OR COMMUNICATION WITH THE RELEASEE'S ASSIGNED COMMUNITY
 SUPERVISION  OFFICER  OR  AREA  BUREAU  OFFICE  AND TO NOTIFY HIS OR HER
 ASSIGNED COMMUNITY SUPERVISION OFFICER OR AREA BUREAU OFFICE OF A CHANGE
 IN RESIDENCE, AND REASONABLE EFFORTS BY THE  ASSIGNED  COMMUNITY  SUPER-
 VISION OFFICER TO RE-ENGAGE THE RELEASEE HAVE BEEN UNSUCCESSFUL.
   8.  "TIER  1  VIOLATION" MEANS ANY TECHNICAL VIOLATION NOT INCLUDED IN
 THE DEFINITION OF A TIER 2 VIOLATION.
   9. "TIER 2 VIOLATION" MEANS ANY OF THE FOLLOWING TECHNICAL VIOLATIONS:
 VIOLATING CURFEW; FAILURE TO PAY SURCHARGES  AND  FEES,  INCLUDING  FEES
 IMPOSED  PURSUANT  TO  SECTION 60.35 OF THE PENAL LAW, SECTIONS EIGHTEEN
 HUNDRED NINE AND EIGHTEEN HUNDRED NINE-C OF THE VEHICLE AND TRAFFIC LAW,
 OR SECTION 27.12 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW;
 OBTAINING A DRIVER'S LICENSE OR DRIVING A  CAR  WITH  A  VALID  DRIVER'S
 LICENSE,  PROVIDED  HOWEVER  IT  SHALL NOT BE A TIER 2 VIOLATION IF SUCH
 ACTION  IS  EXPLICITLY  PROHIBITED  AS  A  CONDITION  OF  SUCH  PERSON'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16506-01-0

 A. 10545                            2

 SENTENCE;  POSITIVE  TEST  FOR OR USE OR POSSESSION OF ALCOHOL, DRUGS, A
 CONTROLLED SUBSTANCE  WITHOUT  PROPER  MEDICAL  AUTHORIZATION,  OR  DRUG
 PARAPHERNALIA,  PROVIDED  HOWEVER  IT SHALL NOT BE A TIER 2 VIOLATION IF
 THE  RELEASEE  IS  SUBJECT  TO COMMUNITY SUPERVISION DUE TO A CONVICTION
 RELATED TO ALCOHOL OR DRUGS PURSUANT TO SECTION ELEVEN  HUNDRED  NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW; FAILING TO NOTIFY A COMMUNITY SUPER-
 VISION  OFFICER  OF A CHANGE IN EMPLOYMENT OR PROGRAM STATUS; FAILING TO
 NOTIFY A  COMMUNITY  SUPERVISION  OFFICER  OF  A  CHANGE  IN  RESIDENCE,
 PROVIDED  HOWEVER IT SHALL NOT BE A TIER 2 VIOLATION IF THE RELEASEE WAS
 ABSCONDING; FAILURE TO MAKE  OFFICE  OR  WRITTEN  REPORTS  AS  DIRECTED,
 PROVIDED  HOWEVER IT SHALL NOT BE A TIER 2 VIOLATION IF THE RELEASEE WAS
 ABSCONDING; LEAVING THE STATE OF NEW YORK OR ANY OTHER  STATE  TO  WHICH
 THE  RELEASEE  IS RELEASED OR TRANSFERRED OR ANY AREA DEFINED IN WRITING
 BY HIS PAROLE OFFICER, WITHOUT PERMISSION, PROVIDED HOWEVER IT SHALL NOT
 BE A TIER 2 VIOLATION IF THE RELEASEE WAS ABSCONDING; FAILURE TO  NOTIFY
 COMMUNITY  SUPERVISION OFFICER OF CONTACT WITH ANY LAW ENFORCEMENT AGEN-
 CY, PROVIDED HOWEVER IT SHALL NOT BE A TIER 2 VIOLATION IF THE  RELEASEE
 INTENDED  TO HIDE EVIDENCE OF HIS OR OTHERS' BEHAVIOR THAT CONSTITUTES A
 VIOLATION OF THE PENAL LAW; AND FAILURE TO OBEY ANY OTHER SPECIAL CONDI-
 TION OF COMMUNITY SUPERVISION, PROVIDED HOWEVER IT SHALL NOT BE A TIER 2
 VIOLATION IF THE FAILURE CANNOT BE ADDRESSED IN THE COMMUNITY WITH COUN-
 SELING, TREATMENT, OR PROGRAMMING  AND  ALL  REASONABLE  COMMUNITY-BASED
 MEANS TO ADDRESS THE FAILURE HAVE BEEN EXHAUSTED.
   §  2.  Any  releasee who is detained on the effective date of this act
 pursuant to a warrant issued for an alleged technical violation shall be
 restored to community supervision. For any such releasee  who  has  been
 detained  for  fewer  than thirty days, the board may issue and promptly
 serve a written notice of violation on such releasee  according  to  the
 terms of subparagraph (iii) of paragraph (c) of subdivision 3 of section
 259-i of the executive law.
   § 3. Any releasee who has been incarcerated for thirty days or more on
 the  effective  date  of  this  act  for  a  sustained  technical parole
 violation shall be immediately restored to  community  supervision.  All
 other  releasees  incarcerated  on  the effective date of this act for a
 sustained technical parole violation shall be  restored  to  supervision
 after  serving  thirty  days,  or  released at the end of the releasee's
 period of community supervision, whichever shall be sooner.
   § 4. Any releasee detained on the effective date of this act  pursuant
 to a warrant issued for an alleged non-technical violation shall receive
 a  recognizance  hearing  pursuant  to paragraph (a) of subdivision 3 of
 section 259-i of the executive law within 72 hours of the effective date
 of this act.
   § 5. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
 259-i  of  the  executive  law, as amended by chapter 545 of the laws of
 2015, is amended and five new subparagraphs (iv), (v), (vi),  (vii)  and
 (viii) are added 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] COMMITTED  A  TECHNICAL  VIOLATION,
 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  WRITTEN  NOTICE  OF VIOLATION MAY BE ISSUED ACCORDING TO THE TERMS OF

 A. 10545                            3
 
 SUBPARAGRAPH (III) OF PARAGRAPH (C) OF THIS SUBDIVISION,  AND  SHALL  BE
 PROMPTLY  SERVED  UPON SUCH PERSON. IF THE RELEASEE HAS FAILED TO APPEAR
 AS DIRECTED IN RESPONSE TO A NOTICE  OF  VIOLATION  AND  HAS  FAILED  TO
 APPEAR  VOLUNTARILY  WITHIN  FORTY-EIGHT  HOURS  AFTER SUCH TIME AND THE
 PERSON WOULD BE SUBJECT TO INCARCERATION PURSUANT TO SUBPARAGRAPH  (XII)
 OF  PARAGRAPH  (F) OF THIS SUBDIVISION SHOULD THE VIOLATION BE SUSTAINED
 AT A FINAL REVOCATION HEARING, A WARRANT MAY BE ISSUED FOR THE  RETAKING
 OF  SUCH  PERSON  AND FOR HIS TEMPORARY DETENTION IN ACCORDANCE WITH THE
 RULES OF THE BOARD. IF THE PERSON HAS FAILED TO APPEAR  AS  DIRECTED  IN
 RESPONSE  TO  A NOTICE OF VIOLATION AND HAS FAILED TO APPEAR VOLUNTARILY
 WITHIN FORTY-EIGHT HOURS AFTER SUCH TIME AND THE  PERSON  WOULD  NOT  BE
 SUBJECT TO INCARCERATION PURSUANT TO SUBPARAGRAPH (XII) OF PARAGRAPH (F)
 OF THIS SUBDIVISION SHOULD THE VIOLATION BE SUSTAINED AT A FINAL REVOCA-
 TION  HEARING,  NO WARRANT SHALL ISSUE AND THE VIOLATION SHALL BE DEEMED
 SUSTAINED. NOTICE OF THAT DECISION SHALL BE  PROMPTLY  SERVED  UPON  THE
 RELEASEE. IN SUCH CASE, WITHIN ONE MONTH OF THE DATE THE NOTICE OF DECI-
 SION  WAS SERVED UPON THE RELEASEE, THE RELEASEE MAY MOVE TO VACATE SUCH
 A SUSTAINED VIOLATION IF THE  RELEASEE  CAN  SHOW  THAT  THE  NOTICE  OF
 VIOLATION WAS NOT PROPERLY SERVED OR THE FAILURE TO APPEAR WAS OTHERWISE
 EXCUSABLE.  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 COMMITTED A NON-TECHNICAL VIOLATION, 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
 NOTICE OF VIOLATION MAY BE ISSUED OR 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].  HOWEVER, IF A RELEAS-
 EE has been determined to be currently unfit to proceed to trial  or  is
 currently  subject to a temporary or final order of observation pursuant
 to article seven hundred thirty of the criminal procedure law, [in which
 case] no NOTICE OF VIOLATION OR warrant shall be issued. The ISSUANCE OF
 A NOTICE OF VIOLATION, SERVICE OF A NOTICE OF VIOLATION,  SERVICE  OF  A
 NOTICE  OF DECISION, AND THE retaking and detention of any [such] person
 FOR WHOM A WARRANT HAS BEEN ISSUED PURSUANT TO THIS SUBPARAGRAPH may  be
 further  regulated by rules and regulations of the department not incon-
 sistent 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 the person named
 therein[; except that a warrant issued with respect to a person who  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 constitute
 authority for the immediate placement of the parolee only into imprison-
 ment in the custody of the department to hold in temporary detention.  A
 warrant issued pursuant 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 inten-
 sive  drug  treatment program mandated by the board as an alternative to
 presumptive release or parole or conditional release revocation, or  the
 revocation of post-release supervision, and shall also constitute suffi-
 cient  authority for return of the person named therein to local custody

 A. 10545                            4

 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] FOR UP TO TWENTY-FOUR HOURS PENDING A  RECOG-
 NIZANCE  HEARING  PURSUANT  TO  SUBPARAGRAPH (IV) OF THIS PARAGRAPH.  IT
 SHALL NO LONGER BE A CONDITION OF PAROLE NOR MAY A NOTICE  OF  VIOLATION
 OR  A  WARRANT  BE  ISSUED  DUE TO A RELEASEE BEING IN THE COMPANY OF OR
 FRATERNIZING WITH ANY PERSON THE RELEASEE KNOWS HAS A CRIMINAL RECORD OR
 KNOWS HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER.
   (IV) UPON EXECUTION OF A WARRANT ISSUED PURSUANT TO THIS SECTION,  THE
 AUTHORIZED  OFFICER SHALL TAKE THE RELEASEE TO A LOCAL COURT WITH CRIMI-
 NAL JURISDICTION FOR A RECOGNIZANCE HEARING. SUCH  RECOGNIZANCE  HEARING
 SHALL COMMENCE WITHIN TWENTY-FOUR HOURS OF THE EXECUTION OF THE WARRANT.
   (V) AT A RECOGNIZANCE HEARING, THE DEPARTMENT SHALL HAVE THE BURDEN TO
 DEMONSTRATE  TO  THE COURT THAT THE EXECUTED WARRANT WAS PROPERLY ISSUED
 AND SERVED PURSUANT TO THIS SECTION.
   (VI) AT A RECOGNIZANCE HEARING, THE COURT SHALL CONSIDER ALL AVAILABLE
 EVIDENCE OF THE RELEASEE'S EMPLOYMENT, FAMILY AND COMMUNITY TIES INCLUD-
 ING LENGTH OF RESIDENCY IN THE COMMUNITY,  HISTORY  OF  REPORTING  IN  A
 TIMELY  FASHION  TO A PAROLE OR SUPERVISORY OFFICER, OTHER INDICATORS OF
 STABILITY AND THE REASONS FOR THE RELEASEE'S FAILURE TO  APPEAR  AT  THE
 PRIOR PRELIMINARY OR REVOCATION HEARING. AT THE CONCLUSION OF THE RECOG-
 NIZANCE HEARING, THE COURT MAY ORDER THAT THE RELEASEE BE DETAINED PEND-
 ING  PRELIMINARY  OR  FINAL REVOCATION HEARINGS ONLY UPON A FINDING THAT
 THE RELEASEE CURRENTLY PRESENTS A SUBSTANTIAL RISK OF WILLFULLY  FAILING
 TO  APPEAR  AT  THE PRELIMINARY OR FINAL REVOCATION HEARINGS AND THAT NO
 NON-MONETARY CONDITION OR COMBINATION OF  CONDITIONS  IN  THE  COMMUNITY
 WILL  REASONABLY  ASSURE THE RELEASEE'S APPEARANCE AT THE PRELIMINARY OR
 FINAL REVOCATION  HEARINGS.  OTHERWISE,  THE  COURT  SHALL  RELEASE  THE
 RELEASEE  ON  THE  LEAST  RESTRICTIVE  NON-MONETARY CONDITIONS THAT WILL
 REASONABLY ASSURE THE RELEASEE'S APPEARANCE AT SUBSEQUENT PRELIMINARY OR
 REVOCATION HEARINGS, WITH A PRESUMPTION OF RELEASE ON RECOGNIZANCE.  THE
 COURT SHALL EXPLAIN ITS DECISION ON THE RECORD OR IN  WRITING.  IF  NON-
 MONETARY  CONDITIONS  OF  RELEASE ARE IMPOSED, THE RELEASEE SHALL NOT BE
 REQUIRED TO PAY FOR ANY PART OF THE COST OF SUCH CONDITIONS.
   (VII) THE ALLEGED VIOLATOR SHALL HAVE A  RIGHT  TO  REPRESENTATION  BY
 COUNSEL AT THE RECOGNIZANCE HEARING. IN ANY CASE, INCLUDING WHEN A COURT
 IS  CALLED  UPON  TO  EVALUATE  THE CAPACITY OF AN ALLEGED VIOLATOR IN A
 RECOGNIZANCE PROCEEDING, WHERE SUCH  PERSON  IS  FINANCIALLY  UNABLE  TO
 RETAIN  COUNSEL,  THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE COUNTY
 COURT OR DISTRICT COURT IN THE COUNTY WHERE THE VIOLATION IS ALLEGED  TO
 HAVE  OCCURRED  OR  WHERE  THE  HEARING IS HELD, SHALL ASSIGN COUNSEL IN
 ACCORDANCE WITH THE COUNTY OR CITY PLAN  FOR  REPRESENTATION  PLACED  IN
 OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   (VIII)  SUCH  RECOGNIZANCE  HEARING  MAY BE HELD AT THE SAME TIME AS A
 PROCEEDING PURSUANT TO ARTICLE  FIVE  HUNDRED  THIRTY  OF  THE  CRIMINAL
 PROCEDURE  LAW  BASED  ON THE SAME ALLEGED CONDUCT. IF AT THE PROCEEDING
 PURSUANT TO ARTICLE FIVE HUNDRED THIRTY OF THE  CRIMINAL  PROCEDURE  LAW
 THE  COURT  IMPOSES  BAIL  OR COMMITS THE RELEASEE TO THE CUSTODY OF THE
 SHERIFF PURSUANT TO ARTICLE FIVE HUNDRED THIRTY OF THE  CRIMINAL  PROCE-
 DURE LAW AND THE RELEASEE SECURES RELEASE BY PAYING BAIL OR BY OPERATION
 OF  LAW, THEN THE RELEASEE SHALL NOT BE DETAINED FURTHER BASED SOLELY ON
 THE WARRANT ISSUED BY THE DEPARTMENT. IF THE DEPARTMENT ISSUES A WARRANT
 FOR A NON-TECHNICAL VIOLATION FOR  ALLEGED  CRIMINAL  CONDUCT  THAT  HAS
 ALREADY  BEEN  THE  SUBJECT  OF A COURT'S ORDER PURSUANT TO ARTICLE FIVE

 A. 10545                            5
 
 HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW,  THEN  WITHIN  TWENTY-FOUR
 HOURS  OF  EXECUTION  OF  THE  WARRANT  THE RELEASEE SHALL BE PROVIDED A
 RECOGNIZANCE HEARING PURSUANT TO THIS SUBPARAGRAPH.
   § 6. Subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivision
 3  of section 259-i of the executive law, subparagraph (i) as amended by
 section 11 of part E of chapter 62 of the laws  of  2003,  and  subpara-
 graphs (iii) and (iv) as amended by section 1 of part E of chapter 56 of
 the laws of 2007, are amended and two new subparagraphs (ix) and (x) are
 added to read as follows:
   (i)  [Within]  (A)  FOR  ANY  ALLEGED  NON-TECHNICAL VIOLATION, 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-release
 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  viola-
 tor.
   (B)  FOR  ANY  ALLEGED  TECHNICAL  VIOLATION  FOR  WHICH  A  NOTICE OF
 VIOLATION WAS ISSUED OR A PERSON WAS RELEASED PURSUANT  TO  SUBPARAGRAPH
 (VI)  OF  PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT SHALL WITHIN
 TEN DAYS OF THE ISSUANCE OF THE NOTICE OF  VIOLATION  OR  THE  ORDER  OF
 RELEASE,  WHICHEVER IS LATER, AFFORD THE PERSON A PRELIMINARY REVOCATION
 HEARING BEFORE A HEARING OFFICER  DESIGNATED  BY  THE  DEPARTMENT.  SUCH
 HEARING  OFFICER  SHALL  NOT  HAVE HAD ANY PRIOR SUPERVISORY INVOLVEMENT
 OVER THE ALLEGED VIOLATOR. SUCH HEARING SHALL NOT BE HELD AT  A  CORREC-
 TIONAL FACILITY, DETENTION CENTER OR LOCAL CORRECTIONAL FACILITY.
   (C)  FOR  ANY  ALLEGED TECHNICAL VIOLATION FOR WHICH A COURT ISSUED AN
 ORDER DETAINING A PERSON PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH  (A)
 OF  THIS  SUBDIVISION AND THE PERSON WOULD BE SUBJECT TO REINCARCERATION
 OF UP TO THIRTY DAYS PURSUANT TO SUBPARAGRAPH (X) OF  PARAGRAPH  (F)  OF
 THIS SUBDIVISION SHOULD THE VIOLATION BE SUSTAINED AT A FINAL REVOCATION
 HEARING, THEN WITHIN FIVE DAYS OF THE ISSUANCE OF THE ORDER OF DETENTION
 THE DEPARTMENT SHALL AFFORD SUCH PERSON A PRELIMINARY REVOCATION HEARING
 BEFORE  A  HEARING  OFFICER  DESIGNATED  BY THE DEPARTMENT. SUCH HEARING
 OFFICER SHALL NOT HAVE HAD ANY PRIOR SUPERVISORY  INVOLVEMENT  OVER  THE
 ALLEGED  VIOLATOR.  SUCH  HEARING  SHALL  NOT  BE HELD AT A CORRECTIONAL
 FACILITY, DETENTION CENTER OR A LOCAL CORRECTIONAL FACILITY.
   (iii) The alleged violator shall, [within three days of the  execution
 of  the  warrant]  AT THE TIME A NOTICE OF VIOLATION IS ISSUED OR AT THE
 TIME OF A RECOGNIZANCE HEARING, be given written  notice  of  the  time,
 place  and  purpose  of  the  PRELIMINARY  hearing  [unless he or she is
 detained pursuant to the provisions of subparagraph  (iv)  of  paragraph
 (a)  of  this subdivision. In those instances, the alleged violator will
 be given written notice of the time, place and purpose  of  the  hearing
 within  five days of the execution of the warrant], OR IF NO PRELIMINARY
 HEARING IS REQUIRED PURSUANT TO THIS SECTION, OF  THE  FINAL  REVOCATION
 HEARING.    The  notice  shall  state  what  conditions  of [presumptive
 release, parole, conditional release or post-release]  COMMUNITY  super-
 vision  are  alleged  to  have  been  violated, WHEN, WHERE, and in what
 manner; that such person shall have the right to appear and speak in his
 or her own behalf; that he or she shall  have  the  right  to  introduce
 letters and documents; that he or she may present witnesses who can give
 relevant  information  to  the  hearing  officer; that he or she has the
 right to confront the witnesses against him or  her;  THAT  SUCH  PERSON

 A. 10545                            6
 
 SHALL HAVE THE RIGHT TO REPRESENTATION BY COUNSEL AT ANY PRELIMINARY AND
 FINAL REVOCATION HEARINGS; AND THE NAME AND CONTACT DETAILS FOR INSTITU-
 TIONAL  DEFENDERS  OR  ASSIGNED  PRIVATE COUNSEL, AS APPLICABLE. Adverse
 witnesses  may be compelled to attend the preliminary hearing unless the
 prisoner has been convicted of a  new  crime  while  on  supervision  or
 unless the hearing officer finds good cause for their non-attendance. As
 far  as  practicable  or  feasible, any additional documents having been
 collected or prepared that [support] ARE RELEVANT TO the charge shall be
 delivered to the alleged violator.
   (iv) [The preliminary hearing shall be  scheduled  to  take  place  no
 later  than fifteen days from the date of execution of the warrant.] The
 standard of proof at the preliminary hearing shall be probable cause  to
 believe that the [presumptive releasee, parolee, conditional releasee or
 person under post-release supervision] RELEASEE has violated one or more
 conditions  of  his  or  her  [presumptive  release, parole, conditional
 release or post-release] COMMUNITY supervision in an important  respect.
 Proof  of  conviction of a crime committed while under supervision shall
 constitute probable cause for the purposes of this section.
   (IX) IF THE HEARING OFFICER FINDS PROBABLE CAUSE THAT SUCH PERSON  HAS
 VIOLATED ONE OR MORE CONDITIONS OF COMMUNITY SUPERVISION IN AN IMPORTANT
 RESPECT,  THE RELEASEE SHALL, AT THE CONCLUSION OF THE PRELIMINARY HEAR-
 ING BE GIVEN WRITTEN NOTICE OF THE TIME, PLACE AND PURPOSE OF THE  FINAL
 REVOCATION  HEARING. THE NOTICE SHALL STATE WHAT CONDITIONS OF COMMUNITY
 SUPERVISION ARE ALLEGED TO HAVE BEEN VIOLATED, WHEN, WHERE AND  IN  WHAT
 MANNER; THAT SUCH PERSON SHALL HAVE THE RIGHT TO REPRESENTATION BY COUN-
 SEL  AT  ANY  FINAL  REVOCATION HEARING; THAT SUCH PERSON SHALL HAVE THE
 RIGHT TO APPEAR AND SPEAK IN HIS OR HER OWN BEHALF; THAT HE OR SHE SHALL
 HAVE THE RIGHT TO INTRODUCE LETTERS AND DOCUMENTS; THAT HE  OR  SHE  MAY
 PRESENT WITNESSES WHO CAN GIVE RELEVANT INFORMATION TO THE HEARING OFFI-
 CER;  THAT HE OR SHE HAS THE RIGHT TO CONFRONT THE WITNESSES AGAINST HIM
 OR HER; AND THE NAME AND CONTACT DETAILS FOR INSTITUTIONAL DEFENDERS  OR
 ASSIGNED PRIVATE COUNSEL, AS APPLICABLE. ANY ADDITIONAL DOCUMENTS HAVING
 BEEN  COLLECTED  OR  PREPARED  THAT  ARE RELEVANT TO THE CHARGE SHALL BE
 DELIVERED TO THE RELEASEE. ADVERSE WITNESSES MAY BE COMPELLED TO  ATTEND
 THE FINAL REVOCATION HEARING UNLESS THE PRISONER HAS BEEN CONVICTED OF A
 NEW  CRIME WHILE ON SUPERVISION OR UNLESS THE HEARING OFFICER FINDS GOOD
 CAUSE FOR THEIR NON-ATTENDANCE.
   (X) THE ALLEGED VIOLATOR SHALL HAVE A RIGHT TO REPRESENTATION BY COUN-
 SEL AT THE PRELIMINARY HEARING. IN ANY CASE, INCLUDING WHEN A  COURT  IS
 CALLED UPON TO EVALUATE THE CAPACITY OF AN ALLEGED VIOLATOR IN A PRELIM-
 INARY  PROCEEDING,  WHERE  SUCH  PERSON  IS FINANCIALLY UNABLE TO RETAIN
 COUNSEL, THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE COUNTY COURT OR
 DISTRICT COURT IN THE COUNTY WHERE THE  VIOLATION  IS  ALLEGED  TO  HAVE
 OCCURRED  OR  WHERE THE HEARING IS HELD, SHALL ASSIGN COUNSEL IN ACCORD-
 ANCE WITH THE COUNTY OR CITY PLAN FOR REPRESENTATION PLACED IN OPERATION
 PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   § 7. Paragraph (f) 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, subparagraph (v) as amended and subparagraph  (xii)  as  added  by
 chapter  545  of  the  laws  of  2015 and subparagraph (x) 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:
   (f) (i) [Revocation] FOR ANY ALLEGED NON-TECHNICAL VIOLATIONS, REVOCA-
 TION hearings shall be scheduled to be held within [ninety] THIRTY  days
 of   the   probable  cause  determination.  FOR  ANY  ALLEGED  TECHNICAL
 VIOLATIONS:

 A. 10545                            7
 
   (A) IF THE RELEASEE IS DETAINED PURSUANT TO SUBPARAGRAPH (VI) OF PARA-
 GRAPH (A) OF THIS SUBDIVISION AND THE PERSON WOULD BE SUBJECT  TO  REIN-
 CARCERATION  OF  UP TO SEVEN DAYS PURSUANT TO SUBPARAGRAPH (XII) OF THIS
 PARAGRAPH SHOULD THE VIOLATION BE SUSTAINED AT A FINAL REVOCATION  HEAR-
 ING, THEN WITHIN TWO DAYS OF THE ISSUANCE OF THE ORDER OF DETENTION, THE
 DEPARTMENT SHALL AFFORD SUCH PERSON A FINAL REVOCATION HEARING IN PERSON
 BEFORE  A  HEARING  OFFICER  DESIGNATED  BY THE DEPARTMENT. SUCH HEARING
 OFFICER SHALL NOT HAVE HAD ANY PRIOR SUPERVISORY  INVOLVEMENT  OVER  THE
 ALLEGED  VIOLATOR.  NO  PRELIMINARY  REVOCATION HEARING SHALL BE HELD IN
 THIS INSTANCE.
   (B) IF THE RELEASEE IS DETAINED PURSUANT TO SUBPARAGRAPH (VI) OF PARA-
 GRAPH (A) OF THIS SUBDIVISION AND THE PERSON WOULD BE SUBJECT  TO  REIN-
 CARCERATION OF UP TO FIFTEEN DAYS PURSUANT TO SUBPARAGRAPH (XII) OF THIS
 PARAGRAPH  SHOULD THE VIOLATION BE SUSTAINED AT A FINAL REVOCATION HEAR-
 ING, THEN WITHIN FOUR DAYS OF THE ISSUANCE OF THE  ORDER  OF  DETENTION,
 THE  DEPARTMENT  SHALL  AFFORD SUCH PERSON A FINAL REVOCATION HEARING IN
 PERSON BEFORE A HEARING OFFICER DESIGNATED BY THE DEPARTMENT. SUCH HEAR-
 ING OFFICER SHALL NOT HAVE HAD ANY PRIOR  SUPERVISORY  INVOLVEMENT  OVER
 THE ALLEGED VIOLATOR. NO PRELIMINARY REVOCATION HEARING SHALL BE HELD IN
 THIS INSTANCE.
   (C) IF THE RELEASEE IS DETAINED PURSUANT TO SUBPARAGRAPH (VI) OF PARA-
 GRAPH  (A)  OF THIS SUBDIVISION AND THE PERSON WOULD BE SUBJECT TO REIN-
 CARCERATION OF UP TO THIRTY DAYS PURSUANT TO SUBPARAGRAPH  (X)  OF  THIS
 PARAGRAPH  SHOULD THE VIOLATION BE SUSTAINED AT A FINAL REVOCATION HEAR-
 ING, THEN WITHIN TEN DAYS AFTER THE ISSUANCE OF THE ORDER OF  DETENTION,
 THE  DEPARTMENT  SHALL  AFFORD SUCH PERSON A FINAL REVOCATION HEARING IN
 PERSON BEFORE A HEARING OFFICER DESIGNATED  BY  THE  DEPARTMENT.    SUCH
 HEARING  OFFICER  SHALL  NOT  HAVE HAD ANY PRIOR SUPERVISORY INVOLVEMENT
 OVER THE ALLEGED VIOLATOR.
   (D) IF A NOTICE OF VIOLATION WAS ISSUED OR THE RELEASEE  WAS  RELEASED
 PURSUANT  TO  SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF THIS SUBDIVISION THE
 DEPARTMENT SHALL WITHIN THIRTY DAYS OF THE ISSUANCE  OF  THE  NOTICE  OF
 VIOLATION  OR  THE ORDER OF RELEASE AFFORD THE PERSON A FINAL REVOCATION
 HEARING IN PERSON BEFORE A HEARING OFFICER DESIGNATED BY THE DEPARTMENT.
 SUCH HEARING OFFICER SHALL NOT HAVE HAD ANY PRIOR  SUPERVISORY  INVOLVE-
 MENT  OVER  THE  ALLEGED  VIOLATOR.  SUCH HEARING SHALL NOT BE HELD AT A
 CORRECTIONAL FACILITY, DETENTION CENTER OR LOCAL CORRECTIONAL FACILITY.
   (E) However, if an alleged violator requests and  receives  any  post-
 ponement  of  his revocation hearing, or consents to a postponed revoca-
 tion proceeding initiated by the board, or if an  alleged  violator,  by
 his  actions otherwise precludes the prompt conduct of such proceedings,
 the time limit may be extended.
   (ii) The revocation hearing shall be conducted by a presiding  officer
 who  may  be  a  member  or a hearing officer designated by the board in
 accordance with rules of the board.
   (iii) Both the alleged violator and an attorney who has filed a notice
 of appearance on his behalf in accordance with the rules of the board of
 parole shall be given written notice of the date, place and time of  the
 hearing  [as  soon  as  possible but at least fourteen days prior to the
 scheduled date] PURSUANT TO SUBPARAGRAPH (IX) OF PARAGRAPH (C)  OF  THIS
 SUBDIVISION.
   (iv)  The alleged violator shall be given written notice of the rights
 enumerated in subparagraph (iii) of paragraph (c) of this subdivision as
 well as of his right to present mitigating evidence relevant to restora-
 tion to presumptive release, parole, conditional release or post-release
 supervision and his right to counsel.

 A. 10545                            8
 
   (v) The alleged violator shall be permitted representation by  counsel
 at  the revocation hearing. In any case, including when a superior court
 is called upon to evaluate the capacity of  an  alleged  violator  in  a
 parole revocation proceeding, where such person is financially unable to
 retain  counsel,  the criminal court of the city of New York, the county
 court or district court in the county where the violation is alleged  to
 have  occurred  or  where  the  hearing is held, shall assign counsel in
 accordance with the county or city plan  for  representation  placed  in
 operation  pursuant  to  article eighteen-B of the county law. He or she
 shall have the right to confront and  cross-examine  adverse  witnesses,
 unless there is good cause for their non-attendance as determined by the
 presiding officer; present witnesses and documentary evidence in defense
 of  the charges; and present witnesses and documentary evidence relevant
 to the question whether  reincarceration  of  the  alleged  violator  is
 appropriate.
   (vi)  At  the  revocation  hearing,  the charges shall be read and the
 alleged violator shall be permitted to plead not guilty, guilty,  guilty
 with  explanation or to stand mute. As to each charge, evidence shall be
 introduced through witnesses and documents, if any, in support  of  that
 charge.  At  the conclusion of each witness's direct testimony, he shall
 be made available for cross-examination. If the alleged violator intends
 to present a defense to the charges or to present evidence of mitigating
 circumstances, the alleged violator shall do so  after  presentation  of
 all  the  evidence  in  support  of  a violation of presumptive release,
 parole, conditional release or post-release supervision.
   (vii) All persons giving evidence at the revocation hearing  shall  be
 sworn before giving any testimony as provided by law.
   (viii)  At  the  conclusion  of  the hearing the presiding officer may
 sustain any or all of the violation charges or may dismiss  any  or  all
 violation  charges. He may sustain a violation charge only if the charge
 is supported by a preponderance of the evidence adduced.
   (ix) If the presiding officer is not satisfied that there is a prepon-
 derance of evidence in support of the violation, he  shall  dismiss  the
 violation,  cancel the delinquency and restore the person to presumptive
 release, parole, conditional release or post-release supervision.
   (x) If the presiding officer is satisfied that there is  a  preponder-
 ance  of  evidence that the alleged violator violated one or more condi-
 tions of release in an important respect,  he  or  she  shall  so  find.
 INCARCERATION  SHALL  NOT  BE IMPOSED FOR ANY TIER 2 VIOLATION. For each
 TIER 1 violation so found, the presiding officer may (A) direct that the
 [presumptive releasee, parolee, conditional releasee or person serving a
 period of post-release supervision] RELEASEE be restored to supervision;
 (B) as  an  alternative  to  reincarceration,  direct  the  [presumptive
 releasee,  parolee,  conditional  releasee or person serving a period of
 post-release supervision be placed in a parole transition facility for a
 period not to exceed one hundred eighty days and subsequent  restoration
 to supervision] RELEASEE RECEIVE RE-ENTRY SERVICES IN THE COMMUNITY FROM
 QUALIFIED NONPROFIT AGENCIES; OR (C) [in the case of presumptive releas-
 ees, parolees or conditional releasees,] SUBJECT TO SUBPARAGRAPH (XI) OF
 THIS PARAGRAPH direct the violator's reincarceration [and fix a date for
 consideration  by  the  board  for re-release on presumptive release, or
 parole or conditional release, as the case may be; or (D) in the case of
 persons released to a period of  post-release  supervision,  direct  the
 violator's  reincarceration up to the balance of the remaining period of
 post-release supervision, not to exceed five years;  provided,  however,
 that  a  defendant  serving  a  term  of  post-release supervision for a

 A. 10545                            9

 conviction of a felony sex offense defined in section 70.80 of the penal
 law may be subject to a further period of imprisonment up to the balance
 of the remaining period of post-release  supervision],  SUBJECT  TO  THE
 FOLLOWING LIMITATIONS: (1) FOR ABSCONDING, UP TO SEVEN DAYS REINCARCERA-
 TION MAY BE IMPOSED FOR THE FIRST VIOLATION, UP TO FIFTEEN DAYS REINCAR-
 CERATION  MAY BE IMPOSED FOR THE SECOND VIOLATION, AND UP TO THIRTY DAYS
 REINCARCERATION  MAY  BE  IMPOSED  FOR  THE  THIRD  OR  ANY   SUBSEQUENT
 VIOLATION; AND (2) FOR ALL OTHER TIER 1 VIOLATIONS NO PERIOD OF REINCAR-
 CERATION MAY BE IMPOSED FOR THE FIRST AND SECOND SUBSTANTIATED TECHNICAL
 VIOLATIONS  FOR  WHICH  INCARCERATION  MAY  BE IMPOSED; UP TO SEVEN DAYS
 REINCARCERATION MAY BE IMPOSED FOR  THE  THIRD  SUBSTANTIATED  TECHNICAL
 VIOLATION  FOR  WHICH  INCARCERATION  MAY BE IMPOSED; UP TO FIFTEEN DAYS
 REINCARCERATION MAY BE IMPOSED FOR THE  FOURTH  SUBSTANTIATED  TECHNICAL
 VIOLATION  FOR  WHICH  INCARCERATION  MAY  BE IMPOSED; UP TO THIRTY DAYS
 REINCARCERATION MAY BE IMPOSED FOR THE FIFTH AND  SUBSEQUENT  SUBSTANTI-
 ATED  TECHNICAL  VIOLATIONS FOR WHICH INCARCERATION MAY BE IMPOSED. IF A
 WARRANT WAS EXECUTED PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH  (A)  OF
 THIS  SUBDIVISION  AND THE PERSON WAS DETAINED PURSUANT TO SUCH SUBPARA-
 GRAPH PENDING PRELIMINARY OR REVOCATION HEARINGS, ANY PERIOD OF REINCAR-
 CERATION IMPOSED PURSUANT TO THIS PARAGRAPH SHALL BE  COUNTED  FROM  THE
 DATE OF THE EXECUTION OF THE WARRANT. IF A WARRANT WAS EXECUTED PURSUANT
 TO  SUBPARAGRAPH  (VI)  OF PARAGRAPH (A) OF THIS SUBDIVISION BUT A COURT
 RELEASED THE PERSON PENDING  PRELIMINARY  OR  REVOCATION  HEARINGS,  ANY
 PERIOD  OF  REINCARCERATION  IMPOSED PURSUANT TO THIS PARAGRAPH SHALL BE
 COUNTED FROM THE DATE OF ISSUANCE OF A DETERMINATION AFTER A FINAL HEAR-
 ING THAT THE PERSON HAS VIOLATED ONE OR  MORE  CONDITIONS  OF  COMMUNITY
 SUPERVISION,  AND  THE TIME BETWEEN EXECUTION OF THE WARRANT AND RELEASE
 OF THE PERSON PENDING PRELIMINARY OR  REVOCATION  HEARINGS  SHALL  COUNT
 TOWARD THE PERIOD OF REINCARCERATION IMPOSED PURSUANT TO THIS PARAGRAPH.
 IF  A  RELEASEE  IS  COMMITTED TO THE CUSTODY OF THE SHERIFF PURSUANT TO
 ARTICLE FIVE HUNDRED THIRTY OF THE CRIMINAL PROCEDURE  LAW  FOR  CONDUCT
 THAT  IS THE SUBJECT OF A NOTICE OF VIOLATION, ANY TIME THE PERSON SPENT
 CONFINED IN JAIL SHALL  COUNT  TOWARDS  ANY  PERIOD  OF  REINCARCERATION
 IMPOSED  PURSUANT TO THIS PARAGRAPH. IN ALL CASES, THE PRESIDING OFFICER
 SHALL IMPOSE THE LEAST RESTRICTIVE REASONABLE SANCTION. ANY  PERIODS  OF
 REINCARCERATION  SHALL  RUN  CONCURRENTLY  IF MORE THAN ONE VIOLATION IS
 ADJUDICATED. IF A PERIOD OF REINCARCERATION IS IMPOSED PURSUANT TO  THIS
 PARAGRAPH,  THE  RELEASEE SHALL BE RELEASED FROM CUSTODY UPON EXPIRATION
 OF THE PERIOD OR THE END OF THE RELEASEE'S PERIOD  OF  COMMUNITY  SUPER-
 VISION,  WHICHEVER  SHALL BE SOONER.  [For the violator serving an inde-
 terminate sentence who while re-incarcerated has not been found  by  the
 department  to  have  committed  a serious disciplinary infraction, such
 violator shall be re-released on the date fixed at the revocation  hear-
 ing.  For  the  violator  serving an indeterminate sentence who has been
 found by the department to have committed a serious disciplinary infrac-
 tion while re-incarcerated, the department shall refer the  violator  to
 the  board  for  consideration  for re-release to community supervision.
 Upon such referral the board may waive the personal interview between  a
 member  or  members of the board and the violator to determine the suit-
 ability for re-release when the  board  directs  that  the  violator  be
 re-released  upon  expiration  of  the  time assessment. The board shall
 retain the authority to suspend the date fixed for re-release  based  on
 the violator's commission of a serious disciplinary infraction and shall
 in  such case require a personal interview be conducted within a reason-
 able time between a panel of members of the board and  the  violator  to
 determine  suitability  for re-release. If an interview is required, the

 A. 10545                           10

 board shall notify the violator in advance of the date and time of  such
 interview in accordance with the rules and regulations of the board.]
   (xi) If the presiding officer sustains any violations, he must prepare
 a  written  statement,  to be made available to the alleged violator and
 his counsel, indicating the evidence relied upon  and  the  reasons  for
 revoking  presumptive  release,  parole, conditional release or post-re-
 lease supervision, and for the disposition made.
   (xii) If at any time during a revocation proceeding the alleged viola-
 tor, his or her counsel, or an employee of the department  contends,  or
 if it reasonably appears to the hearing officer, that the alleged viola-
 tor  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  been  made that the alleged violator is an incapaci-
 tated person, the revocation  proceeding  shall  be  temporarily  stayed
 until  the superior court determines whether or not the person is fit to
 proceed. The matter shall be promptly referred to the superior court for
 determination of the alleged violator's fitness to proceed in  a  manner
 consistent  with  the  provisions of article seven hundred thirty of the
 criminal procedure law, provided however that the superior  court  shall
 immediately  appoint  counsel  for  any  unrepresented  alleged violator
 eligible for appointed counsel under subparagraph (v) of THIS  paragraph
 [(f)  of  subdivision  three of section two hundred fifty-nine-i of this
 chapter]. The court shall decide whether or not the alleged violator  is
 incapacitated  within thirty days of the referral from the hearing offi-
 cer. If the court determines that the alleged violator is not  an  inca-
 pacitated  person,  the court shall order that the matter be returned to
 the board of parole for continuation and disposition of  the  revocation
 proceeding.  If  the  court  determines  that the alleged violator is an
 incapacitated person and if no felony charges are  pending  against  the
 alleged  violator,  the  court  shall issue a final order of observation
 committing such person to the custody  of  the  commissioner  of  mental
 health  or  the  commissioner of developmental disabilities for care and
 treatment in an appropriate institution  in  a  manner  consistent  with
 subdivision  one  of  section 730.40 of the criminal procedure law. If a
 final order of observation has been issued pursuant to this section, the
 hearing officer shall dismiss the violation charges and  such  dismissal
 shall  act as a bar to any further proceeding under this section against
 the alleged violator for such violations. If felony criminal charges are
 pending at any time against an alleged violator who has been referred to
 superior court for a fitness evaluation but before  a  determination  of
 fitness  has  been made pursuant to this section, the court shall decide
 whether or not the alleged violator is incapacitated pursuant to article
 seven hundred thirty of the criminal procedure law  and  the  revocation
 proceeding  shall  be  held  in  abeyance  until  such decision has been
 reached. The hearing officer shall adopt the  capacity  finding  of  the
 court  and either terminate the revocation process if an order of obser-
 vation has been made by the court or proceed with the revocation hearing
 if the alleged violator has  been  found  not  to  be  an  incapacitated
 person.
   § 8. This act shall take effect immediately.