STATE OF NEW YORK
________________________________________________________________________
5837
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
___________
Introduced by Sens. BAILEY, RAMOS -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, the correction law, and the
executive law, in relation to work related labor protests 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 work related labor protests
5 shall not be considered a violation of such sentence of probation or
6 conditional discharge.
7 § 2. The correction law is amended by adding a new section 209 to read
8 as follows:
9 § 209. Permitted activities. Where any person is granted presumptive
10 release, parole, conditional release or release to post-release super-
11 vision, such person shall not be deemed to be in violation of and the
12 department shall not terminate such granted presumptive release, parole,
13 conditional release or release to post-release supervision solely
14 because such person participated in work related labor protests.
15 § 3. Section 274 of the correction law is amended by adding a new
16 subdivision 11 to read as follows:
17 11. The commission, or any member thereof, shall not determine that a
18 person who has been conditionally released has lapsed into criminal ways
19 or company, or has violated one or more conditions of conditional
20 release because such person participated in work related labor protests.
21 § 4. The executive law is amended by adding a new section 259-t to
22 read as follows:
23 § 259-t. Permitted activities. Where any person is granted presumptive
24 release, parole, conditional release, release to post-release super-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11754-02-9
S. 5837 2
1 vision or any other type of supervised release, the state board of
2 parole shall not deem a person to be in violation of and the state board
3 of parole shall not terminate such granted presumptive release, parole,
4 conditional release, release to post-release supervision or any other
5 type of supervised release solely because such person participated in
6 work related labor protests.
7 § 5. This act shall take effect immediately.
