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.
LBD15608-01-0
A. 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.