senate Bill S1343A

2019-2020 Legislative Session

Relates to revocation of community 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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 17, 2020 print number 1343c
Apr 17, 2020 amend and recommit to crime victims, crime and correction
Jan 08, 2020 referred to crime victims, crime and correction
Apr 24, 2019 print number 1343b
Apr 24, 2019 amend (t) and recommit to crime victims, crime and correction
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 - 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 - Summary

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

S1343 - Sponsor Memo

S1343 - 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 - 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 - Summary

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

S1343A - Sponsor Memo

S1343A - 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.

Co-Sponsors

view additional co-sponsors

S1343B - 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

S1343B - Summary

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

S1343B - Sponsor Memo

S1343B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1343--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sens. BENJAMIN, BAILEY, MONTGOMERY, MYRIE, RIVERA, SALA-
   ZAR, SERRANO -- 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 -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1343C (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

S1343C (ACTIVE) - Summary

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

S1343C (ACTIVE) - Sponsor Memo

S1343C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1343--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced by Sens. BENJAMIN, BAILEY, BIAGGI, BRESLIN, COMRIE, GIANARIS,
   HOYLMAN,  JACKSON,  KRUEGER,  MAY,  MONTGOMERY, MYRIE, PARKER, RIVERA,
   SALAZAR, SEPULVEDA, SERRANO -- 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 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee  on  Crime  Victims,
   Crime  and  Correction  in  accordance  with  Senate Rule 6, sec. 8 --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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