assembly Bill A5493A

2019-2020 Legislative Session

Relates to revocation of community supervision

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 22, 2020 print number 5493b
Apr 22, 2020 amend and recommit to correction
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

view additional co-sponsors

A5493 - Details

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 - Details

Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L

A5493A - Summary

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

A5493A - 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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5493B (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L

A5493B (ACTIVE) - Summary

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

A5493B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5493--B
 
                        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, DICKENS, HUNTER, QUART, REYES, FAHY, COOK, BARRON,
   HEVESI,  EPSTEIN, SIMOTAS, SIMON, FERNANDEZ, CAHILL -- Multi-Sponsored
   by -- M.  of A. LENTOL -- read once and referred to the  Committee  on
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Correction in accordance with Assembly Rule 3, sec. 2  --
   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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.