STATE OF NEW YORK ________________________________________________________________________ 10788 IN ASSEMBLY July 10, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Joyner) -- read once and referred to the Committee on Correction AN ACT to amend the criminal procedure law, the correction law, and the executive law, in relation to bona fide work not being considered a parole violation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 410.10 of the criminal procedure law is amended by 2 adding a new subdivision 4 to read as follows: 3 4. When the court pronounces a sentence of probation or conditional 4 discharge, the court shall provide that the performance of bona fide 5 work for an employer, including travel time to and from bona fide work, 6 regardless if such work or related travel time is performed during 7 curfew times set by conditions of probation, parole, presumptive 8 release, conditional release, release to post-release supervision or any 9 other type of supervised release, shall not be considered a violation of 10 such sentence of probation or conditional discharge. For purposes of 11 this section, bona fide work is work performed as an employee for an 12 employer, as defined in section two of the labor law. 13 § 2. The correction law is amended by adding a new section 209 to read 14 as follows: 15 § 209. Permitted activities. Where any person is granted presumptive 16 release, parole, conditional release or release to post-release super- 17 vision, such person shall not be deemed to be in violation of and the 18 department shall not terminate such granted presumptive release, parole, 19 conditional release, release to post-release supervision, or any other 20 type of supervised release solely because such person engages in bona 21 fide work for an employer, including travel time to and from bona fide 22 work, during curfew times set with a sentence of probation or condi- 23 tional discharge. For purposes of this section, bona fide work is work 24 performed as an employee for an employer, as defined in section two of 25 the labor law. 26 § 3. Section 274 of the correction law is amended by adding a new 27 subdivision 11 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15608-01-0A. 10788 2 1 11. The commission, or any member thereof, shall not determine that a 2 person who has been conditionally released has lapsed into criminal ways 3 or company, or has violated one or more conditions of conditional 4 release because such person engages in bona fide work for an employer, 5 including travel time to or from bona fide work, during curfew times set 6 by conditions of conditional release. For purposes of this section, 7 bona fide work is work performed as an employee for an employer, as 8 defined in section two of the labor law. 9 § 4. The executive law is amended by adding a new section 259-t to 10 read as follows: 11 § 259-t. Permitted activities. Where any person is granted presumptive 12 release, parole, conditional release, release to post-release super- 13 vision or any other type of supervised release, the state board of 14 parole shall not deem a person to be in violation of and the state board 15 of parole shall not terminate such granted presumptive release, parole, 16 conditional release, release to post-release supervision or any other 17 type of supervised release solely because such person engaged in bona 18 fide work for an employer, including travel time to or from bona fide 19 work, during curfew times set by conditions of probation, parole, 20 presumptive release, conditional release or release to post-release 21 supervision. For purposes of this section, bona fide work is work 22 performed as an employee for an employer, as defined in section two of 23 the labor law. 24 § 5. This act shall take effect immediately.