Assembly Bill A10788

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10788
 
                           I N  A S S E M B L Y
 
                               July 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the criminal procedure law, the correction law, and  the
   executive  law,  in  relation to bona fide work not being considered a
   parole violation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 410.10 of the criminal procedure law is amended by
 adding a new subdivision 4 to read as follows:
   4. WHEN THE COURT PRONOUNCES A SENTENCE OF  PROBATION  OR  CONDITIONAL
 DISCHARGE,  THE  COURT  SHALL  PROVIDE THAT THE PERFORMANCE OF BONA FIDE
 WORK FOR AN EMPLOYER, INCLUDING TRAVEL TIME TO AND FROM BONA FIDE  WORK,
 REGARDLESS  IF  SUCH  WORK  OR  RELATED  TRAVEL TIME IS PERFORMED DURING
 CURFEW  TIMES  SET  BY  CONDITIONS  OF  PROBATION,  PAROLE,  PRESUMPTIVE
 RELEASE, CONDITIONAL RELEASE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
 OTHER TYPE OF SUPERVISED RELEASE, SHALL NOT BE CONSIDERED A VIOLATION OF
 SUCH  SENTENCE  OF  PROBATION OR CONDITIONAL DISCHARGE.  FOR PURPOSES OF
 THIS SECTION, BONA FIDE WORK IS WORK PERFORMED AS  AN  EMPLOYEE  FOR  AN
 EMPLOYER, AS DEFINED IN SECTION TWO OF THE LABOR LAW.
   § 2. The correction law is amended by adding a new section 209 to read
 as follows:
   §  209.  PERMITTED ACTIVITIES. WHERE ANY PERSON IS GRANTED PRESUMPTIVE
 RELEASE, PAROLE, CONDITIONAL RELEASE OR RELEASE TO  POST-RELEASE  SUPER-
 VISION,  SUCH  PERSON  SHALL NOT BE DEEMED TO BE IN VIOLATION OF AND THE
 DEPARTMENT SHALL NOT TERMINATE SUCH GRANTED PRESUMPTIVE RELEASE, PAROLE,
 CONDITIONAL RELEASE, RELEASE TO POST-RELEASE SUPERVISION, OR  ANY  OTHER
 TYPE  OF  SUPERVISED  RELEASE SOLELY BECAUSE SUCH PERSON ENGAGES IN BONA
 FIDE WORK FOR AN EMPLOYER, INCLUDING TRAVEL TIME TO AND FROM  BONA  FIDE
 WORK,  DURING  CURFEW  TIMES  SET WITH A SENTENCE OF PROBATION OR CONDI-
 TIONAL DISCHARGE.  FOR PURPOSES OF THIS SECTION, BONA FIDE WORK IS  WORK
 PERFORMED  AS  AN EMPLOYEE FOR AN EMPLOYER, AS DEFINED IN SECTION TWO OF
 THE LABOR LAW.
   § 3. Section 274 of the correction law is  amended  by  adding  a  new
 subdivision 11 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15608-01-0

 A. 10788                            2
 
   11.  THE COMMISSION, OR ANY MEMBER THEREOF, SHALL NOT DETERMINE THAT A
 PERSON WHO HAS BEEN CONDITIONALLY RELEASED HAS LAPSED INTO CRIMINAL WAYS
 OR COMPANY, OR HAS  VIOLATED  ONE  OR  MORE  CONDITIONS  OF  CONDITIONAL
 RELEASE  BECAUSE  SUCH PERSON ENGAGES IN BONA FIDE WORK FOR AN EMPLOYER,
 INCLUDING TRAVEL TIME TO OR FROM BONA FIDE WORK, DURING CURFEW TIMES SET
 BY  CONDITIONS  OF  CONDITIONAL RELEASE.   FOR PURPOSES OF THIS SECTION,
 BONA FIDE WORK IS WORK PERFORMED AS AN  EMPLOYEE  FOR  AN  EMPLOYER,  AS
 DEFINED IN SECTION TWO OF THE LABOR LAW.
   §  4.  The  executive  law is amended by adding a new section 259-t to
 read as follows:
   § 259-T. PERMITTED ACTIVITIES. WHERE ANY PERSON IS GRANTED PRESUMPTIVE
 RELEASE, PAROLE, CONDITIONAL RELEASE,  RELEASE  TO  POST-RELEASE  SUPER-
 VISION  OR  ANY  OTHER  TYPE  OF  SUPERVISED RELEASE, THE STATE BOARD OF
 PAROLE SHALL NOT DEEM A PERSON TO BE IN VIOLATION OF AND THE STATE BOARD
 OF PAROLE SHALL NOT TERMINATE SUCH GRANTED PRESUMPTIVE RELEASE,  PAROLE,
 CONDITIONAL  RELEASE,  RELEASE  TO POST-RELEASE SUPERVISION OR ANY OTHER
 TYPE OF SUPERVISED RELEASE SOLELY BECAUSE SUCH PERSON  ENGAGED  IN  BONA
 FIDE  WORK  FOR  AN EMPLOYER, INCLUDING TRAVEL TIME TO OR FROM BONA FIDE
 WORK, DURING CURFEW  TIMES  SET  BY  CONDITIONS  OF  PROBATION,  PAROLE,
 PRESUMPTIVE  RELEASE,  CONDITIONAL  RELEASE  OR  RELEASE TO POST-RELEASE
 SUPERVISION. FOR PURPOSES OF  THIS  SECTION,  BONA  FIDE  WORK  IS  WORK
 PERFORMED  AS  AN EMPLOYEE FOR AN EMPLOYER, AS DEFINED IN SECTION TWO OF
 THE LABOR LAW.
   § 5. This act shall take effect immediately.