senate Bill S1343A

2019-2020 Legislative Session

Relates to revocation of presumptive release, parole, conditional release and post-release supervision

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2019 print number 1343a
Feb 04, 2019 amend and recommit to crime victims, crime and correction
Jan 14, 2019 referred to crime victims, crime and correction

S1343 (ACTIVE) - Details

See Assembly Version of this Bill:
A5493
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L

S1343 (ACTIVE) - Summary

Modifies the standard of evidence and certain other procedures when determining whether to revoke the presumptive release, parole, conditional release or post-release supervision status of a person.

S1343 (ACTIVE) - Sponsor Memo

S1343 (ACTIVE) - Bill Text download pdf


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

                                  1343

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  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  IS
SUBSEQUENTLY  PROVEN  TO  BE A CONVICTION FOR A MISDEMEANOR OFFENSE THAT
INCLUDES THE ELEMENT OF INTENT TO COMMIT THE ACT AGAINST ANOTHER  PERSON
AND  IS  CHARGED  PURSUANT TO EITHER 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] FOUND BY CLEAR AND
CONVINCING EVIDENCE 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 COMMUNITY SUPERVISION OFFICER OF A CHANGE
IN RESIDENCE, FAILING TO MAKE OFFICE OR WRITTEN REPORTS AS DIRECTED,  OR

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

Co-Sponsors

view additional co-sponsors

S1343A (ACTIVE) - Details

See Assembly Version of this Bill:
A5493
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L

S1343A (ACTIVE) - Summary

Modifies the standard of evidence and certain other procedures when determining whether to revoke the presumptive release, parole, conditional release or post-release supervision status of a person.

S1343A (ACTIVE) - Sponsor Memo

S1343A (ACTIVE) - Bill Text download pdf


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

                                 1343--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  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 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

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

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