assembly Bill A5576A

2021-2022 Legislative Session

Relates to revocation of community supervision

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Current Bill Status Via S1144 - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading rules cal.710
substituted for a5576a
Jun 10, 2021 substituted by s1144a
Jun 09, 2021 ordered to third reading rules cal.710
rules report cal.710
reported
reported referred to rules
Jun 08, 2021 reference changed to codes
Jun 07, 2021 print number 5576a
Jun 07, 2021 amend and recommit to correction
Feb 19, 2021 referred to correction

Votes

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Jun 9, 2021 - Rules committee Vote

S1144A
12
6
committee
12
Aye
6
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 8, 2021 - Crime Victims, Crime and Correction committee Vote

S1144
4
2
committee
4
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 8, 2021

nay (2)
aye wr (1)

Co-Sponsors

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Multi-Sponsors

A5576 - Details

See Senate Version of this Bill:
S1144
Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A5493, S1343

A5576 - Summary

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

A5576 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5576
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FORREST,  HUNTER, RICHARDSON, NIOU, SEPTIMO,
   MAMDANI,  BURDICK,   GONZALEZ-ROJAS,   JACKSON,   GALLAGHER,   KELLES,
   MITAYNES,  MEEKS,  CLARK,  EPSTEIN  --  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 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.
   8. "TIER 1 VIOLATION" MEANS ANY TECHNICAL VIOLATION  NOT  INCLUDED  IN
 THE DEFINITION OF A TIER 2 VIOLATION.
   9. "TIER 2 VIOLATION" MEANS ANY OF THE FOLLOWING TECHNICAL VIOLATIONS:
 VIOLATING  CURFEW;  FAILURE  TO  PAY SURCHARGES AND FEES, INCLUDING FEES
 IMPOSED PURSUANT TO SECTION 60.35 OF THE PENAL  LAW,  SECTIONS  EIGHTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

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Multi-Sponsors

A5576A (ACTIVE) - Details

See Senate Version of this Bill:
S1144
Law Section:
Executive Law
Laws Affected:
Amd §§259 & 259-i, Exec L; amd §§70.40 & 70.45, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A5493, S1343

A5576A (ACTIVE) - Summary

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

A5576A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5576--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FORREST,  HUNTER, RICHARDSON, NIOU, SEPTIMO,
   MAMDANI,  BURDICK,   GONZALEZ-ROJAS,   JACKSON,   GALLAGHER,   KELLES,
   MITAYNES,  MEEKS,  CLARK,  EPSTEIN,  SIMON,  HEVESI, BARRON, ANDERSON,
   WEPRIN, TAYLOR, O'DONNELL,  QUART,  L. ROSENTHAL,  ABINANTI,  CARROLL,
   GOTTFRIED,   DICKENS,   AUBRY,   DINOWITZ,   BICHOTTE HERMELYN,  CRUZ,
   SEAWRIGHT, PAULIN, WALKER, COOK, OTIS, REYES, BRONSON, PERRY,  BURGOS,
   VANEL,  LUPARDO,  CAHILL,  LAVINE, FAHY, DE LA ROSA, GALEF, RODRIGUEZ,
   BARRETT, HYNDMAN, SOLAGES, FRONTUS,  McDONALD,  J. D. RIVERA,  DAVILA,
   PRETLOW,   STECK,   KIM,  JOYNER,  JEAN-PIERRE,  PICHARDO,  J. RIVERA,
   DARLING, FERNANDEZ -- Multi-Sponsored by -- M. of A. THIELE,  ZINERMAN
   --  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  four
 new subdivisions 5, 6, 7, and 8 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 CONDUCT THAT VIOLATES  A  CONDITION
 OF COMMUNITY SUPERVISION IN AN IMPORTANT RESPECT, OTHER THAN THE COMMIS-
 SION OF A NEW FELONY OR MISDEMEANOR OFFENSE UNDER THE PENAL LAW.
   7. "NON-TECHNICAL VIOLATION" MEANS: (A) THE COMMISSION OF A NEW FELONY
 OR  MISDEMEANOR  OFFENSE;  OR (B) CONDUCT BY A RELEASEE WHO IS SERVING A
 SENTENCE FOR AN OFFENSE DEFINED IN ARTICLE  130  OF  THE  PENAL  LAW  OR
 SECTION  255.26  OR  255.27  OF  SUCH  LAW,  AND SUCH CONDUCT VIOLATED A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04981-05-1