Bill Text: NY S07953 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts "Cesar's law" to require the retaking of parolees, with a class A or violent felony conviction, who abscond from the supervision of the state board of parole.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-10-24 - REFERRED TO RULES [S07953 Detail]

Download: New_York-2013-S07953-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7953
                                   I N  S E N A T E
                                   October 24, 2014
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the executive  law,  in  relation  to  the  retaking  of
         certain persons absconding from parole or other conditional release
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be know and  may  be  cited  as
    2  "Cesar's law".
    3    S  2. Paragraph (i) of subdivision 3 of section 259-i of the executive
    4  law, as amended by section 38-f-1 of subpart A of part C of  chapter  62
    5  of the laws of 2011, is amended to read as follows:
    6    (i)  Where  there  is  reasonable  cause to believe that a presumptive
    7  releasee, parolee, conditional releasee  or  person  under  post-release
    8  supervision  has  absconded  from supervision the board may declare such
    9  person to be delinquent. IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF
   10  A CLASS A FELONY OFFENSE, OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN
   11  ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR A VIOLENT FELONY OFFENSE
   12  AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, THE  BOARD  SHALL  DECLARE
   13  SUCH  PERSON  TO  BE  DELINQUENT  AND  A WARRANT SHALL BE ISSUED FOR THE
   14  RETAKING OF SUCH PERSON AND FOR HIS OR HER TEMPORARY DETENTION ACCORDING
   15  TO THE RULES OF THE BOARD, AND THE BOARD SHALL  IMMEDIATELY  NOTIFY  THE
   16  LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE LOCALITY IN WHICH SUCH
   17  ABSCONDER  RESIDES.  This  paragraph shall not be construed to deny such
   18  person a preliminary revocation hearing upon his OR HER retaking, nor to
   19  relieve the department of any obligation it may  have  to  exercise  due
   20  diligence to retake the alleged absconder, nor to relieve the parolee or
   21  releasee  of any obligation he OR SHE may have to comply with the condi-
   22  tions of his OR HER release.
   23    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15865-01-4