assembly Bill A5493A

2019-2020 Legislative Session

Relates to revocation of community supervision

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to correction
Apr 30, 2019 print number 5493a
Apr 30, 2019 amend (t) and recommit to correction
Feb 12, 2019 referred to correction

Co-Sponsors

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A5493 - Details

See Senate Version of this Bill:
S1343
Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L

A5493 - Summary

Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.

A5493 - Bill Text download pdf


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

                                  5493

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2019
                               ___________

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

AN  ACT  to  amend  the  executive law and the penal law, in relation to
  revocation of presumptive release,  parole,  conditional  release  and
  post-release 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  two
new subdivisions 5 and 6 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  OTHER  THAN  AN  ALLEGATION OF A CRIMINAL ACT THAT IS
SUBSEQUENTLY PROVEN TO BE A CONVICTION FOR A FELONY OFFENSE OR THAT  HAS
BEEN  PROVEN  TO BE A MISDEMEANOR OFFENSE UNDER SECTION 135.05 OR 135.45
OR ARTICLE 120 OR 130 OF THE PENAL LAW.
  § 2. Subdivision 3 of section 70.40 of the penal law,  paragraphs  (a)
and (b) as amended by section 127-h of subpart B of part C of chapter 62
of  the  laws of 2011 and paragraph (c) as amended by chapter 478 of the
laws of 1973, is amended and a new subdivision 4 is  added  to  read  as
follows:
  3.  Delinquency.  (a)  When  a  person is alleged to have violated the
terms of presumptive release or parole  WILLFULLY  FOR  THE  PURPOSE  OF
PERMANENTLY  AVOIDING SUPERVISION BY FAILING TO NOTIFY HIS OR HER COMMU-
NITY SUPERVISION OFFICER OF A  CHANGE  IN  RESIDENCE,  FAILING  TO  MAKE
OFFICE  OR WRITTEN REPORTS AS DIRECTED, OR 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,
and the state board of parole has declared such person to be delinquent,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5493A (ACTIVE) - Details

See Senate Version of this Bill:
S1343
Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L

A5493A (ACTIVE) - Summary

Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.

A5493A (ACTIVE) - Bill Text download pdf


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

                                 5493--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2019
                               ___________

Introduced by M. of A. MOSLEY, ORTIZ, D'URSO, WEPRIN, TAYLOR, GOTTFRIED,
  HYNDMAN,  O'DONNELL  --  read  once  and  referred to the Committee on
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law and the  penal  law,  in  relation  to
  revocation of community 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  two
new subdivisions 5 and 6 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  OTHER  THAN A CONVICTION FOR A FELONY OFFENSE OR THAT
HAS BEEN PROVEN TO BE A MISDEMEANOR OFFENSE UNDER SECTION 121.11, 135.05
OR 135.45 OR ARTICLE 120 OR 130 OF THE PENAL LAW.
  § 2. Subdivision 3 of section 70.40 of the penal law,  paragraphs  (a)
and (b) as amended by section 127-h of subpart B of part C of chapter 62
of  the  laws of 2011 and paragraph (c) as amended by chapter 478 of the
laws of 1973, is amended and a new subdivision 4 is  added  to  read  as
follows:
  3.  Delinquency.  (a)  When  a  person is alleged to have violated the
terms of presumptive release or parole  WILLFULLY  FOR  THE  PURPOSE  OF
PERMANENTLY  AVOIDING SUPERVISION BY FAILING TO NOTIFY HIS OR HER COMMU-
NITY SUPERVISION OFFICER OF A  CHANGE  IN  RESIDENCE,  FAILING  TO  MAKE
OFFICE  OR WRITTEN REPORTS AS DIRECTED, OR 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,
and the state board of parole has declared such person to be delinquent,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.