Bill Text: NY S01813 | 2023-2024 | General Assembly | Introduced

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Bill Title: Revokes community supervision for certain conduct involving kidnapping, coercion, firearms, dangerous weapons, and other conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01813 Detail]

Download: New_York-2023-S01813-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1813

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sen. ADDABBO -- 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, in relation to revoking community
          supervision for certain conduct

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 6 and 7 of section 259 of the executive law,
     2  as added by chapter 427 of the laws of 2021,  are  amended  to  read  as
     3  follows:
     4    6.  "Technical  violation" means any conduct that violates a condition
     5  of community supervision in an important respect, other than the commis-
     6  sion of a new felony or misdemeanor offense under  the  penal  law    or
     7  conduct  that  violates a specific condition of community supervision in
     8  an important respect and such conduct may result in serious harm to  the
     9  releasee or others.
    10    7. "Non-technical violation" means: (a) the commission of a new felony
    11  or  misdemeanor offense; or (b)  conduct that violates a specific condi-
    12  tion of community supervision and such conduct  may  result  in  serious
    13  harm  to  the  releasee  or  others; or (c) conduct by a releasee who is
    14  serving a sentence for an offense defined in article [130]  one  hundred
    15  thirty  of the penal law (sex offenses), article one hundred thirty-five
    16  of the penal law (kidnapping, coercion and  related  offenses),  article
    17  two  hundred  sixty-five  of the penal law (firearms and other dangerous
    18  weapons) or section 255.26 or 255.27  of  such  law,  and  such  conduct
    19  violated  a  specific  condition  reasonably related to such offense and
    20  efforts to protect the public from the commission of a  repeat  of  such
    21  offense including any violation of article six-C of the correction law.
    22    §  2.  Subparagraph (xii) of paragraph (f) of subdivision 3 of section
    23  259-i of the executive law, as amended by chapter 427  of  the  laws  of
    24  2021, is amended to read as follows:
    25    (xii)  For  each violation found, the presiding officer may (A) direct
    26  that the releasee be restored to supervision; (B) as an  alternative  to
    27  reincarceration,  direct  the  releasee receive re-entry services in the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04780-01-3
        S. 1813                             2

     1  community from qualified nonprofit agencies; or (C)  direct  the  viola-
     2  tor's  reincarceration  and  for non-technical violations fix a date for
     3  consideration by the board for re-release  on  presumptive  release,  or
     4  parole  or conditional release, as the case may be; or (D) for non-tech-
     5  nical violations in the case of persons released to a period of post-re-
     6  lease supervision, direct  the  violator's  reincarceration  up  to  the
     7  balance  of  the  remaining  period  of post-release supervision, not to
     8  exceed five years; provided, however, that a defendant serving a term of
     9  post-release supervision for  a  conviction  of  a  felony  sex  offense
    10  defined  in  section  70.80 of the penal law may be subject to a further
    11  period of imprisonment up to the balance  of  the  remaining  period  of
    12  post-release  supervision, shall apply for technical violations; and the
    13  following limitations:
    14    (1) Absconding. For absconding up to [seven] thirty days  reincarcera-
    15  tion  may be imposed for the first violation, up to [fifteen] sixty days
    16  reincarceration may be imposed for  the  second  violation,  and  up  to
    17  [thirty] ninety days reincarceration may be imposed for the third or any
    18  subsequent violation, provided, however, that no releasee shall be rein-
    19  carcerated  for  more  than  seven  days for absconding if such releasee
    20  voluntarily presents himself or herself to his or her  community  super-
    21  vision officer or area bureau office;
    22    (2)  Sanctions for certain technical violations. Reincarceration shall
    23  not be imposed for a sustained technical violation  that  involves:  (a)
    24  violating  curfew;  (b) alcohol use, provided however that incarceration
    25  is permissible for alcohol use if the person  is  subject  to  community
    26  supervision due to a conviction for driving under the influence of alco-
    27  hol;  (c)  drug  use, provided, however incarceration is permissible for
    28  drug use if the person is subject to  community  supervision  due  to  a
    29  conviction  for  driving  under  the  influence of drugs; (d) failing to
    30  notify parole officer of a change in employment or program  status;  (e)
    31  failing  to pay surcharges and fees; (f) obtaining a driver's license or
    32  driving a car with a valid driver's license, provided however incarcera-
    33  tion is permissible if either action is  explicitly  prohibited  by  the
    34  person's conviction; (g) failing to notify community supervision officer
    35  of contact with any law enforcement agency, provided however, incarcera-
    36  tion  is  permissible if the person intended to hide illegal behavior or
    37  in instances where the conduct violates a specific condition of communi-
    38  ty supervision in an important respect and such conduct  may  result  in
    39  serious  harm  to  the  releasee  or  others;  (h) failing to obey other
    40  special conditions, provided however that incarceration  is  permissible
    41  if  the  failure cannot be addressed in the community and all reasonable
    42  community-based means to address the failure have been exhausted; and
    43    (3) Sanctions for all other technical violations. For all other  tech-
    44  nical  violations,  no  period of reincarceration may be imposed for the
    45  first and second substantiated technical violations for which incarcera-
    46  tion may be imposed; up to seven days reincarceration may be imposed for
    47  the third substantiated technical violation for which incarceration  may
    48  be  imposed;  up  to fifteen days reincarceration may be imposed for the
    49  fourth substantiated technical violation for which incarceration may  be
    50  imposed;  up to thirty days reincarceration may be imposed for the fifth
    51  and subsequent substantiated technical violations for  which  incarcera-
    52  tion  may  be imposed.  Provided, however, that a period of reincarcera-
    53  tion may be imposed for conduct that violates a  specific  condition  of
    54  community  supervision in an important respect and that such conduct may
    55  result in serious harm to the releasee or others.
    56    § 3. This act shall take effect immediately.