Bill Text: NY A04160 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides upon finding of reasonable cause that a parolee has violated the conditions of his or her release, such parolee shall immediately be placed in the custody of the department of correctional service for the purpose of temporary detention, rather than being placed in a local correctional facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to correction [A04160 Detail]

Download: New_York-2011-A04160-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4160
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Correction
       AN ACT to amend the executive law, in relation to requiring  persons  in
         violation  of  parole to be placed in the custody of the department of
         correctional services; and to repeal subparagraph  (ii)  of  paragraph
         (a)  of  subdivision  3  of  section 259-i of such law relating to the
         placement of such persons in local correctional facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
    2  section 259-i of the executive law, as amended by section 11 of  part  E
    3  of chapter 62 of the laws of 2003, is amended to read as follows:
    4    [(i)] If the parole officer having charge of a presumptively released,
    5  paroled  or  conditionally released person or a person released to post-
    6  release supervision or a person received under the uniform act for  out-
    7  of-state parolee supervision shall have reasonable cause to believe that
    8  such  person  has  lapsed into criminal ways or company, or has violated
    9  one or more conditions of his presumptive release,  parole,  conditional
   10  release  or  post-release  supervision, such parole officer shall report
   11  such fact to a member of the board of parole, or to any officer  of  the
   12  division  designated by the board, and thereupon a warrant may be issued
   13  for the retaking of such person  and  for  his  temporary  detention  in
   14  accordance  with  the  rules of the board. The retaking and detention of
   15  any such person may be further regulated by rules and regulations of the
   16  division not inconsistent with this article. A warrant  issued  pursuant
   17  to  this  section  shall  constitute sufficient authority [to the super-
   18  intendent or other person in charge of any jail, penitentiary, lockup or
   19  detention pen to whom it is delivered to hold  in  temporary  detention]
   20  FOR  THE  IMMEDIATE  PLACEMENT OF the person named therein ONLY INTO THE
   21  CUSTODY OF THE DEPARTMENT OF CORRECTIONAL SERVICES TO HOLD IN  TEMPORARY
   22  DETENTION;  [except  that] a warrant issued with respect to a person who
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06964-01-1
       A. 4160                             2
    1  has been released on medical parole  pursuant  to  section  two  hundred
    2  fifty-nine-r  of this article and whose parole is being revoked pursuant
    3  to paragraph (h) of subdivision four of such section shall ALSO  consti-
    4  tute  authority for the immediate placement of the parolee only into the
    5  custody of the department of correctional services to hold in  temporary
    6  detention.  A warrant issued pursuant to this section shall also consti-
    7  tute sufficient authority to the person in charge of  a  drug  treatment
    8  campus,  as  defined  in  subdivision  twenty  of  section  two  of  the
    9  correction law, to hold the person named therein, in accordance with the
   10  procedural requirements of this section, for a period of at least ninety
   11  days to complete an intensive drug treatment  program  mandated  by  the
   12  board  of  parole  as an alternative to presumptive release or parole or
   13  conditional release revocation, or the revocation of post-release super-
   14  vision, and shall also constitute sufficient authority for return of the
   15  person named therein to local custody to hold in temporary detention for
   16  further revocation  proceedings  in  the  event  said  person  does  not
   17  successfully  complete the intensive drug treatment program. The board's
   18  rules shall provide for cancellation of delinquency and  restoration  to
   19  supervision upon the successful completion of the program.
   20    S  2.  Subparagraph  (ii) of paragraph (a) of subdivision 3 of section
   21  259-i of the executive law is REPEALED.
   22    S 3. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law, provided  that  effective  immediately,  the
   24  addition, amendment and/or repeal of any rules and regulations necessary
   25  for  the implementation of this act on its effective date are authorized
   26  and directed to be made and completed on or before such effective date.