Assembly Bill A820

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    820
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to  crimes  committed  during
   periods of post-release supervision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 3 of  section  70.40  of  the
 penal  law, as amended by chapter 427 of the laws of 2021, is amended to
 read as follows:
   (a) When a person is alleged to have violated the terms of presumptive
 release [or], parole,  OR  CONDITIONAL  RELEASE  FROM  AN  INDETERMINATE
 SENTENCE  by absconding, and the state board of parole has declared such
 person to be delinquent, the declaration of delinquency shall  interrupt
 the  person's sentence as of the date of the delinquency and such inter-
 ruption shall continue until the  [releasee's]  PERSON'S  appearance  in
 response  to  a  notice  of  violation or the date of the execution of a
 warrant, whichever is earlier; PROVIDED HOWEVER THAT WHEN A  PERSON  WHO
 HAS BEEN PRESUMPTIVELY RELEASED, PAROLED, CONDITIONALLY RELEASED FROM AN
 INDETERMINATE  SENTENCE  OR  IS  SERVING A PERIOD OF POST-RELEASE SUPER-
 VISION IS CHARGED WITH A CRIME COMMITTED WHILE  UNDER  SUPERVISION,  AND
 THE  CHARGE  OR  CHARGES CULMINATE IN A NEW DETERMINATE OR INDETERMINATE
 SENTENCE, THE BOARD'S RULES SHALL PROVIDE FOR A  DECLARATION  OF  DELIN-
 QUENCY  PURSUANT  TO  SUBPARAGRAPH (III) OF PARAGRAPH (D) OF SUBDIVISION
 THREE OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW  AND  THE
 PERIOD  OF  PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR POST-RE-
 LEASE SUPERVISION SHALL BE DEEMED INTERRUPTED FOR ANY PERIOD OF TIME  IN
 WHICH THE PERSON WAS HELD IN PRE-TRIAL DETENTION ON THE CHARGE OR CHARG-
 ES THAT CULMINATED IN SUCH INDETERMINATE OR DETERMINATE SENTENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02096-01-5
 A. 820                              2
              

 
   § 2. Paragraph (c) of subdivision 3 of section 70.40 of the penal law,
 as  amended  by  chapter  427 of the laws of 2021, is amended to read as
 follows:
   (c)  Any  time spent by a person in custody from the time of execution
 of a warrant pursuant to paragraph (a) of subdivision three  of  section
 two hundred fifty-nine-i of the executive law to the time service of the
 sentence  resumes  shall be credited against the term or maximum term of
 the interrupted sentence; PROVIDED HOWEVER THAT WHEN  A  PERSON  WHO  IS
 SUBJECT  TO  AN UNDISCHARGED TERM OF IMPRISONMENT OR POST-RELEASE SUPER-
 VISION FOLLOWING PAROLE  RELEASE,  PRESUMPTIVE  RELEASE  OR  CONDITIONAL
 RELEASE  FROM AN INDETERMINATE SENTENCE, OR CONDITIONAL RELEASE OR MAXI-
 MUM EXPIRATION OF A DETERMINATE  SENTENCE,  AND  IS  HELD  IN  PRE-TRIAL
 CUSTODY IN A LOCAL CORRECTIONAL FACILITY ON A NEW CHARGE OR CHARGES THAT
 CULMINATE IN A NEW INDETERMINATE OR DETERMINATE SENTENCE, THE TIME SPENT
 IN  PRE-TRIAL  CUSTODY  ON SUCH CHARGE OR CHARGES, FROM THE DATE CUSTODY
 COMMENCED TO THE DATE OF COMMENCEMENT OF THE SUBSEQUENTLY IMPOSED  INDE-
 TERMINATE OR DETERMINATE SENTENCE, SHALL BE CREDITED TO THE NEW SENTENCE
 AS  JAIL  TIME  PURSUANT  TO  SUBDIVISION THREE OF SECTION 70.30 OF THIS
 ARTICLE, EXCEPT FOR ANY TIME THAT HAS BEEN CREDITED  TO  THE  PREVIOUSLY
 IMPOSED  SENTENCE  AS  A  TIME  ASSESSMENT  BY THE BOARD OF PAROLE FOR A
 VIOLATION OF PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE  OR  POST-
 RELEASE SUPERVISION BETWEEN THE DATE OF THE ARREST ON THE NEW FELONY AND
 THE DATE OF SENTENCING FOR SUCH FELONY.
   § 3. Paragraph (d) of subdivision 5 of section 70.45 of the penal law,
 as  amended  by  chapter  427 of the laws of 2021, is amended to read as
 follows:
   (d) When a person is alleged to have violated a condition of  post-re-
 lease supervision by absconding, OR BY COMMITTING A NEW CRIME DURING THE
 PERIOD  OF  POST-RELEASE SUPERVISION THAT CULMINATES IN A NEW INDETERMI-
 NATE OR DETERMINATE SENTENCE, and  the  department  of  corrections  and
 community supervision has declared such person to be delinquent: (i) the
 declaration  of  delinquency  shall interrupt the period of post-release
 supervision; (ii) such interruption shall continue until the  person  is
 restored to post-release supervision; (iii) if the person is restored to
 post-release  supervision  without  being  returned to the department of
 corrections and community supervision, any time spent  in  custody  from
 the  date  of  delinquency until restoration to post-release supervision
 shall first be credited to the maximum or aggregate maximum term of  the
 sentence or sentences of imprisonment, but only to the extent authorized
 by  subdivision  three of section 70.40 of this article.  Any time spent
 in custody solely pursuant to such delinquency after completion  of  the
 maximum or aggregate maximum term of the sentence or sentences of impri-
 sonment  shall be credited to the period of post-release supervision, if
 any; and (iv) if the person is ordered returned  to  the  department  of
 corrections  and  community supervision, the person shall be required to
 serve the time  assessment  before  being  re-released  to  post-release
 supervision.  If  the  person  is  detained pursuant to paragraph (a) of
 subdivision three of section two hundred fifty-nine-i of  the  executive
 law  pending a preliminary or final revocation hearing, the time assess-
 ment imposed following such hearing shall commence upon the execution of
 the warrant. If a warrant was executed  pursuant  to  paragraph  (a)  of
 subdivision  three  of section two hundred fifty-nine-i of the executive
 law but a court released the person pending a preliminary or final revo-
 cation hearing, the time assessment shall commence upon the issuance  of
 a  determination  after a final hearing that the person has violated one
 or more conditions of community supervision in an important respect, and
 A. 820                              3
 
 shall include the time period  between  execution  of  the  warrant  and
 release of the person pending a preliminary or final revocation hearing.
 If a [releasee] PERSON is committed to the custody of the sheriff pursu-
 ant  to  article  five hundred thirty of the criminal procedure law, the
 time assessment, if any, shall include any time  the  [releasee]  PERSON
 spent  in  such custody. If a notice of violation was issued pursuant to
 subdivision three of section two hundred fifty-nine-i of  the  executive
 law,  the time assessment shall commence upon the issuance of a determi-
 nation after a final hearing that the person has violated  one  or  more
 conditions  of  supervision.  While  serving such assessment, the person
 shall not receive any good behavior allowance pursuant to section  eight
 hundred three of the correction law.  Any time spent in custody from the
 date  of  delinquency  until return to the department of corrections and
 community supervision shall first be credited to the maximum  or  aggre-
 gate maximum term of the sentence or sentences of imprisonment, but only
 to  the  extent authorized by subdivision three of section 70.40 of this
 article. The maximum or  aggregate  maximum  term  of  the  sentence  or
 sentences  of  imprisonment  shall  run while the person is serving such
 time assessment in the custody of  the  department  of  corrections  and
 community supervision. Any time spent in custody solely pursuant to such
 delinquency after completion of the maximum or aggregate maximum term of
 the sentence or sentences of imprisonment shall be credited to the peri-
 od of post-release supervision, if any.
   §  4.  This  act  shall  take  effect  immediately  and shall apply to
 sentences imposed before, on and after such date.