S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9500
 
                           I N  A S S E M B L Y
 
                              March 10, 2022
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the executive law, in  relation  to  revoking  community
   supervision for certain conduct
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 6 and 7 of section 259 of the  executive  law,
 as  added  by  chapter  427  of the laws of 2021, are amended to read as
 follows:
   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  OR
 CONDUCT THAT VIOLATES A SPECIFIC CONDITION OF COMMUNITY  SUPERVISION  IN
 AN  IMPORTANT RESPECT AND SUCH CONDUCT MAY RESULT IN SERIOUS HARM TO THE
 RELEASEE OR OTHERS.
   7. "Non-technical violation" means: (a) the commission of a new felony
 or misdemeanor offense; or (b)  CONDUCT THAT VIOLATES A SPECIFIC  CONDI-
 TION  OF  COMMUNITY  SUPERVISION  AND SUCH CONDUCT MAY RESULT IN SERIOUS
 HARM TO THE RELEASEE OR OTHERS; OR (C) conduct  by  a  releasee  who  is
 serving  a  sentence for an offense defined in article [130] ONE HUNDRED
 THIRTY of the penal law (SEX OFFENSES), ARTICLE ONE HUNDRED  THIRTY-FIVE
 OF  THE  PENAL  LAW (KIDNAPPING, COERCION AND RELATED OFFENSES), ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW (FIREARMS  AND  OTHER  DANGEROUS
 WEAPONS)  or  section  255.26  or  255.27  of such law, and such conduct
 violated a specific condition reasonably related  to  such  offense  and
 efforts  to  protect  the public from the commission of a repeat of such
 offense INCLUDING ANY VIOLATION OF ARTICLE SIX-C OF THE CORRECTION LAW.
   § 2. Subparagraph (xii) of paragraph (f) of subdivision 3  of  section
 259-i  of  the  executive  law, as amended by chapter 427 of the laws of
 2021, is amended to read as follows:
   (xii) For each violation found, the presiding officer may  (A)  direct
 that  the  releasee be restored to supervision; (B) as an alternative to
 reincarceration, direct the releasee receive re-entry  services  in  the
 community  from  qualified  nonprofit agencies; or (C) direct the viola-
 tor's reincarceration and for non-technical violations fix  a  date  for
 consideration  by  the  board  for re-release on presumptive release, or
 parole or conditional release, as the case may be; or (D) for  non-tech-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14852-01-2
 A. 9500                             2
 
 nical violations in the case of persons released to a period of post-re-
 lease  supervision,  direct  the  violator's  reincarceration  up to the
 balance of the remaining period  of  post-release  supervision,  not  to
 exceed five years; provided, however, that a defendant serving a term of
 post-release  supervision  for  a  conviction  of  a  felony sex offense
 defined in section 70.80 of the penal law may be subject  to  a  further
 period  of  imprisonment  up  to  the balance of the remaining period of
 post-release supervision, shall apply for technical violations; and  the
 following limitations:
   (1)  Absconding. For absconding up to [seven] THIRTY days reincarcera-
 tion may be imposed for the first violation, up to [fifteen] SIXTY  days
 reincarceration  may  be  imposed  for  the  second violation, and up to
 [thirty] NINETY days reincarceration may be imposed for the third or any
 subsequent violation, PROVIDED, HOWEVER, THAT NO RELEASEE SHALL BE REIN-
 CARCERATED FOR MORE THAN SEVEN DAYS  FOR  ABSCONDING  IF  SUCH  RELEASEE
 VOLUNTARILY  PRESENTS  HIMSELF OR HERSELF TO HIS OR HER COMMUNITY SUPER-
 VISION OFFICER OR AREA BUREAU OFFICE;
   (2) Sanctions for certain technical violations. Reincarceration  shall
 not  be  imposed  for a sustained technical violation that involves: (a)
 violating curfew; (b) alcohol use, provided however  that  incarceration
 is  permissible  for  alcohol  use if the person is subject to community
 supervision due to a conviction for driving under the influence of alco-
 hol; (c) drug use, provided, however incarceration  is  permissible  for
 drug  use  if  the  person  is subject to community supervision due to a
 conviction for driving under the influence  of  drugs;  (d)  failing  to
 notify  parole  officer of a change in employment or program status; (e)
 failing to pay surcharges and fees; (f) obtaining a driver's license  or
 driving a car with a valid driver's license, provided however incarcera-
 tion  is  permissible  if  either action is explicitly prohibited by the
 person's conviction; (g) failing to notify community supervision officer
 of contact with any law enforcement agency, provided however, incarcera-
 tion is permissible if the person intended to hide illegal  behavior  OR
 IN INSTANCES WHERE THE CONDUCT VIOLATES A SPECIFIC CONDITION OF COMMUNI-
 TY  SUPERVISION  IN  AN IMPORTANT RESPECT AND SUCH CONDUCT MAY RESULT IN
 SERIOUS HARM TO THE RELEASEE  OR  OTHERS;  (h)  failing  to  obey  other
 special  conditions,  provided however that incarceration is permissible
 if the failure cannot be addressed in the community and  all  reasonable
 community-based means to address the failure have been exhausted; and
   (3)  Sanctions for all other technical violations. For all other tech-
 nical violations, no period of reincarceration may be  imposed  for  the
 first and second substantiated technical violations for which incarcera-
 tion may be imposed; up to seven days reincarceration may be imposed for
 the  third substantiated technical violation for which incarceration may
 be imposed; up to fifteen days reincarceration may be  imposed  for  the
 fourth  substantiated technical violation for which incarceration may be
 imposed; up to thirty days reincarceration may be imposed for the  fifth
 and  subsequent  substantiated technical violations for which incarcera-
 tion may be imposed.  PROVIDED, HOWEVER, THAT A PERIOD  OF  REINCARCERA-
 TION  MAY  BE  IMPOSED FOR CONDUCT THAT VIOLATES A SPECIFIC CONDITION OF
 COMMUNITY SUPERVISION IN AN IMPORTANT RESPECT AND THAT SUCH CONDUCT  MAY
 RESULT IN SERIOUS HARM TO THE RELEASEE OR OTHERS.
   §  3.  This act shall take effect immediately; provided, however, that
 if chapter 427 of the laws of 2021 shall not have  taken  effect  on  or
 before such date then this act shall take effect on the same date and in
 the same manner as such chapter of the laws of 2021 takes effect.