Senate Bill S6548

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6548                                                  A. 8378
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  BENJAMIN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules
 
 IN ASSEMBLY -- Introduced by M. of A. MOSLEY -- read once  and  referred
   to the Committee on Codes
 
 AN  ACT to amend the executive law, in relation to determining whether a
   releasee shall be detained pending a preliminary or  final  revocation
   hearing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3  of  section  259-i  of  the
 executive  law  is  amended by adding a new subparagraph (iv) to read as
 follows:
   (IV) IF A RELEASEE IS BROUGHT TO OR APPEARS IN A COURT TO BE ARRAIGNED
 FOR ANY ALLEGED FELONY OR MISDEMEANOR, AND AT ANY POINT  THE  DEPARTMENT
 ISSUES A WARRANT FOR THE SAME ALLEGED CRIMINAL CONDUCT, THEN THE COURT'S
 ORDER  PURSUANT  TO  SECTION  530.10 OF THE CRIMINAL PROCEDURE LAW SHALL
 CONTROL IN DETERMINING WHETHER THE RELEASEE SHALL BE DETAINED PENDING  A
 PRELIMINARY  OR  FINAL  REVOCATION HEARING, PROVIDED THAT AT THE TIME OF
 THE COURT'S ORDER, PURSUANT TO SECTION 530.10 OF THE CRIMINAL  PROCEDURE
 LAW, THE COURT WAS INFORMED THE RELEASEE WAS SUBJECT TO COMMUNITY SUPER-
 VISION.  PROVIDED,  HOWEVER,  THAT NOTWITHSTANDING SECTION 530.10 OF THE
 CRIMINAL PROCEDURE LAW,  THE  COURT  MAY  ORDER  THAT  THE  RELEASEE  BE
 DETAINED PENDING PRELIMINARY OR FINAL REVOCATION HEARINGS UPON A FINDING
 ON  THE  RECORD  OR  IN  WRITING  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 COMBINA-
 TION  OF  CONDITIONS IN THE COMMUNITY SUPERVISION WILL REASONABLY ASSURE
 THE RELEASEE'S APPEARANCE AT THE PRELIMINARY OR FINAL  REVOCATION  HEAR-
 INGS.  IF  THE CRIMINAL COURT IMPOSES BAIL PURSUANT TO SECTION 530.10 OF
 THE CRIMINAL PROCEDURE LAW, AND THE RELEASEE-DEFENDANT  SECURES  RELEASE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13344-01-9

 S. 6548                             2                            A. 8378
 
 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;
 PROVIDED,  HOWEVER,  IF  THE  DEPARTMENT  ISSUES  A WARRANT FOR THE SAME
 ALLEGED  CRIMINAL  CONDUCT  AFTER  THE COURT'S ORDER PURSUANT TO SECTION
 530.10 OF THE CRIMINAL PROCEDURE LAW AND THE DEPARTMENT CAN  DEMONSTRATE
 THAT  AT  THE  TIME OF SUCH COURT'S ORDER THE COURT WAS NOT INFORMED THE
 RELEASEE WAS SUBJECT TO COMMUNITY SUPERVISION, THEN THE COURT SHALL HOLD
 A RECOGNIZANCE HEARING WITHIN TWENTY-FOUR HOURS OF THE EXECUTION OF  THE
 WARRANT.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.