senate Bill S1144

2021-2022 Legislative Session

Relates to revocation of community supervision

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2021 reported and committed to finance
Jan 07, 2021 referred to crime victims, crime and correction

Votes

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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 Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Feb 8, 2021

nay (2)
aye wr (1)

Co-Sponsors

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S1144 (ACTIVE) - Details

See Assembly Version of this Bill:
A5576
Current Committee:
Senate Finance
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:
S1343, A5493

S1144 (ACTIVE) - Summary

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

S1144 (ACTIVE) - Sponsor Memo

S1144 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1144
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced by Sens. BENJAMIN, BAILEY, BIAGGI, BRESLIN, COMRIE, GIANARIS,
   HOYLMAN,  JACKSON,  KENNEDY,  KRUEGER,  MAY,  MYRIE,  PARKER, PERSAUD,
   RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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