STATE OF NEW YORK
________________________________________________________________________
449
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sen. YOUNG -- 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 temporary detention of
persons whose presumptive release, parole, conditional release or
post-release supervision alleged to have violated the terms of their
release
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 chapter 545 of the
3 laws of 2015, 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, or to any officer of the department
12 designated by the board, and thereupon a warrant may be issued for the
13 retaking of such person and for his temporary detention in accordance
14 with the rules of the board unless such person has been determined to be
15 currently unfit to proceed to trial or is currently subject to a tempo-
16 rary or final order of observation pursuant to article seven hundred
17 thirty of the criminal procedure law, in which case no warrant shall be
18 issued. The retaking and detention of any such person may be further
19 regulated by rules and regulations of the department not inconsistent
20 with this article. A warrant issued pursuant to this section shall
21 constitute sufficient authority to the superintendent or other person in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05752-01-7
S. 449 2
1 charge of any jail, penitentiary, lockup or detention pen to whom it is
2 delivered to hold in temporary detention the person named therein, and
3 the period of temporary detention in the custody of such local correc-
4 tional facility shall not exceed seventy-two hours and thereafter the
5 person shall be transferred to the custody of the department to be held
6 in temporary custody; except that a warrant issued with respect to a
7 person who has been released on medical parole pursuant to section two
8 hundred fifty-nine-r of this article and whose parole is being revoked
9 pursuant to paragraph (h) of subdivision four of such section shall
10 constitute authority for and require the immediate placement of the
11 parolee only into imprisonment in the custody of the department to hold
12 in temporary detention. A warrant issued pursuant to this section shall
13 also constitute sufficient authority to the person in charge of a drug
14 treatment campus, as defined in subdivision twenty of section two of the
15 correction law, to hold the person named therein, in accordance with the
16 procedural requirements of this section, for a period of at least ninety
17 days to complete an intensive drug treatment program mandated by the
18 board as an alternative to presumptive release or parole or conditional
19 release revocation, or the revocation of post-release supervision, and
20 shall also constitute sufficient authority for return of the person
21 named therein to local custody to hold in temporary detention for
22 further revocation proceedings in the event said person does not
23 successfully complete the intensive drug treatment program. The board's
24 rules shall provide for cancellation of delinquency and restoration to
25 supervision upon the successful completion of the program.
26 § 2. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law; provided, that, effective immediately, any
28 rules and regulations necessary to implement the provisions of this act
29 on its effective date are authorized and directed to be promulgated,
30 amended and/or repealed on or before such date.
