S T A T E O F N E W Y O R K
________________________________________________________________________
9371
2025-2026 Regular Sessions
I N A S S E M B L Y
December 19, 2025
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Correction
AN ACT to amend the executive law, in relation to possible periods of
reincarceration for absconding and certain technical violations by
releasees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clauses 1, 2 and 3 of 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, are amended to read as follows:
(1) Absconding. For absconding up to [seven] FIFTEEN days reincarcera-
tion may be imposed for the first violation, up to [fifteen] THIRTY days
reincarceration may be imposed for the second violation, and up to
[thirty] SIXTY days reincarceration may be imposed for the third or any
subsequent violation;
(2) Sanctions for certain technical violations. Reincarceration shall
[not] be [imposed] CONSIDERED VIA JUDICIAL DISCRETION 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 alcohol; (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)] (C) failing to pay
surcharges and fees; [(f)] (D) obtaining a driver's license or driving a
car with a valid driver's license, provided however incarceration 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, incarceration
is permissible if the person intended to hide illegal behavior; (h)] (E)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13692-01-5
A. 9371 2
failing to obey other special conditions, provided however that incar-
ceration is permissible if the failure cannot be addressed in the commu-
nity 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] UP TO SEVEN DAYS reincarceration may be
imposed for the first and second substantiated technical violations for
which incarceration may be imposed; up to [seven] FIFTEEN days reincar-
ceration may be imposed for the third substantiated technical violation
for which incarceration may be imposed; up to [fifteen] THIRTY days
reincarceration may be imposed for the fourth substantiated technical
violation for which incarceration may be imposed; up to [thirty] SIXTY
days reincarceration may be imposed for the fifth and subsequent
substantiated technical violations for which incarceration may be
imposed.
§ 2. This act shall take effect immediately.