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.
STATE OF NEW YORK
________________________________________________________________________
4160
2011-2012 Regular Sessions
IN ASSEMBLY
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 § 2. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
21 259-i of the executive law is REPEALED.
22 § 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.
