Bill Text: NY S06548 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to determining whether a releasee shall be detained pending a preliminary or final revocation hearing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S06548 Detail]

Download: New_York-2019-S06548-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6548                                                  A. 8378

                               2019-2020 Regular Sessions

                SENATE - ASSEMBLY

                                      June 15, 2019
                                       ___________

        IN  SENATE  --  Introduced  by  Sen.  BENJAMIN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Rules

        IN ASSEMBLY -- Introduced by M. of A. MOSLEY -- read once  and  referred
          to the Committee on Codes

        AN  ACT to amend the executive law, in relation to determining whether a
          releasee shall be detained pending a preliminary or  final  revocation
          hearing

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

     1    Section 1. Paragraph (a) of subdivision 3  of  section  259-i  of  the
     2  executive  law  is  amended by adding a new subparagraph (iv) to read as
     3  follows:
     4    (iv) If a releasee is brought to or appears in a court to be arraigned
     5  for any alleged felony or misdemeanor, and at any point  the  department
     6  issues a warrant for the same alleged criminal conduct, then the court's
     7  order  pursuant  to  section  530.10 of the criminal procedure law shall
     8  control in determining whether the releasee shall be detained pending  a
     9  preliminary  or  final  revocation hearing, provided that at the time of
    10  the court's order, pursuant to section 530.10 of the criminal  procedure
    11  law, the court was informed the releasee was subject to community super-
    12  vision.  Provided,  however,  that notwithstanding section 530.10 of the
    13  criminal procedure law,  the  court  may  order  that  the  releasee  be
    14  detained pending preliminary or final revocation hearings upon a finding
    15  on  the  record  or  in  writing  that the releasee currently presents a
    16  substantial risk of willfully failing to appear at  the  preliminary  or
    17  final revocation hearings and that no non-monetary condition or combina-
    18  tion  of  conditions in the community supervision will reasonably assure
    19  the releasee's appearance at the preliminary or final  revocation  hear-
    20  ings.  If  the criminal court imposes bail pursuant to section 530.10 of
    21  the criminal procedure law, and the releasee-defendant  secures  release

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13344-01-9

        S. 6548                             2                            A. 8378

     1  by  paying  bail  or by operation of law, then the releasee shall not be
     2  detained further based solely on the warrant issued by  the  department;
     3  provided,  however,  if  the  department  issues  a warrant for the same
     4  alleged  criminal  conduct  after  the court's order pursuant to section
     5  530.10 of the criminal procedure law and the department can  demonstrate
     6  that  at  the  time of such court's order the court was not informed the
     7  releasee was subject to community supervision, then the court shall hold
     8  a recognizance hearing within twenty-four hours of the execution of  the
     9  warrant.
    10    §  2. This act shall take effect on the first of April next succeeding
    11  the date on which it shall have become a law. Effective immediately, the
    12  addition, amendment and/or repeal of any rule  or  regulation  necessary
    13  for  the implementation of this act on its effective date are authorized
    14  and directed to be made and completed on or before such effective date.
feedback