Bill Text: NY A03498 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the correction law, the executive law and the penal law, in relation to release and supervision of persons serving a definite sentence
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-06 - referred to correction [A03498 Detail]
Download: New_York-2009-A03498-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3498
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. AUBRY, LENTOL, BRADLEY, DESTITO, PAULIN -- read
once and referred to the Committee on Correction
AN ACT to amend the correction law, the executive law and the penal law,
in relation to release and supervision of persons serving a definite
sentence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The correction law is amended by adding a new article 12 to
2 read as follows:
3 ARTICLE 12
4 LOCAL CONDITIONAL RELEASE COMMISSION
5 SECTION 270. DEFINITIONS.
6 271. LOCAL CONDITIONAL RELEASE COMMISSION; ORGANIZATION.
7 272. LOCAL CONDITIONAL RELEASE COMMISSION; FUNCTION, POWERS AND
8 DUTIES.
9 273. CONDITIONAL RELEASE; PROCEDURES FOR APPLICATION AND DETER-
10 MINATIONS.
11 274. CONDITIONAL RELEASE; PROCEDURES FOR VIOLATION, DELINQUENCY,
12 WARRANTS AND REVOCATION.
13 275. TRANSFER OF CUSTODY AND SUPERVISION OF CONDITIONAL RELEAS-
14 EE.
15 276. REGULATIONS AND REPORT.
16 S 270. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE
17 THE FOLLOWING MEANINGS:
18 1. "COMMISSION" MEANS THE LOCAL CONDITIONAL RELEASE COMMISSION.
19 2. "COUNTY" MEANS EACH COUNTY IN THE STATE, EXCEPT A COUNTY WITHIN THE
20 CITY OF NEW YORK.
21 3. "COUNTY EXECUTIVE" MEANS THE COUNTY COMMISSIONER, COUNTY MANAGER,
22 COUNTY DIRECTOR OR COUNTY PRESIDENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04052-01-9
A. 3498 2
1 4. "DIVISION" MEANS THE DIVISION OF PROBATION AND CORRECTIONAL ALTER-
2 NATIVES.
3 S 271. LOCAL CONDITIONAL RELEASE COMMISSION; ORGANIZATION. 1. EVERY
4 COUNTY, AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW ESTABLISHING A
5 LOCAL CONDITIONAL RELEASE COMMISSION. SUCH COMMISSION SHALL BE APPOINTED
6 BY THE COUNTY EXECUTIVE, UPON THE ADVICE AND CONSENT OF THE COUNTY
7 LEGISLATURE, OR IN THE CASE OF THE CITY OF NEW YORK, SUCH COMMISSION
8 SHALL BE APPOINTED BY THE MAYOR, UPON THE ADVICE AND CONSENT OF THE CITY
9 COUNCIL. EACH SUCH COMMISSION SHALL CONSIST OF AT LEAST FIVE MEMBERS.
10 EACH MEMBER OF THE COMMISSION SHALL HAVE GRADUATED FROM AN ACCREDITED
11 FOUR YEAR COLLEGE OR UNIVERSITY AND SHALL HAVE HAD AT LEAST FIVE YEARS
12 OF EXPERIENCE IN THE FIELD OF CRIMINOLOGY, ADMINISTRATION OF CRIMINAL
13 JUSTICE, LAW ENFORCEMENT, PROBATION, PAROLE, LAW, SOCIAL WORK, SOCIAL
14 SCIENCE, PSYCHOLOGY, PSYCHIATRY OR CORRECTIONS.
15 2. THE TERM OF OFFICE OF EACH MEMBER OF SUCH COMMISSION SHALL BE FOR
16 FOUR YEARS; PROVIDED, HOWEVER, THAT ANY MEMBER CHOSEN TO FILL A VACANCY
17 OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR
18 THE REMAINDER OF THE UNEXPIRED TERM OF THE MEMBER WHOM THE PERSON IS TO
19 SUCCEED. VACANCIES CAUSED BY EXPIRATION OF TERM OR OTHERWISE SHALL BE
20 FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
21 3. NO MEMBER OF THE COMMISSION SHALL SERVE AS A REPRESENTATIVE OF ANY
22 POLITICAL PARTY ON AN EXECUTIVE COMMITTEE OR OTHER GOVERNING BODY THERE-
23 OF, AS AN EXECUTIVE OFFICER OR EMPLOYEE OF ANY POLITICAL COMMITTEE,
24 ORGANIZATION OR ASSOCIATION, NOR BE A JUDGE OR JUSTICE, A SHERIFF OR
25 DISTRICT ATTORNEY.
26 4. ANY MEMBER MAY BE REMOVED BY THE COUNTY EXECUTIVE, OR THE MAYOR IN
27 THE CASE OF THE CITY OF NEW YORK, FOR CAUSE, AFTER NOTICE AND AN OPPOR-
28 TUNITY TO BE HEARD.
29 5. THE DIRECTOR OF THE LOCAL PROBATION DEPARTMENT, OR SUCH DIRECTOR'S
30 DESIGNEE, SHALL SERVE AS AN EX-OFFICIO, NON-VOTING MEMBER OF THE COMMIS-
31 SION.
32 6. THE LOCAL PROBATION DEPARTMENT SHALL ASSIGN STAFF SUPPORT TO THE
33 COMMISSION.
34 S 272. LOCAL CONDITIONAL RELEASE COMMISSION; FUNCTION, POWERS AND
35 DUTIES. THE COMMISSION SHALL:
36 1. HAVE THE POWER AND DUTY OF DETERMINING WHICH PERSONS SENTENCED
37 WITHIN THE COUNTY, OR THE CITY OF NEW YORK, AND SERVING A DEFINITE
38 SENTENCE OF IMPRISONMENT AND ELIGIBLE FOR CONDITIONAL RELEASE PURSUANT
39 TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW MAY BE RELEASED ON
40 CONDITIONAL RELEASE AND WHEN AND UNDER WHAT CONDITIONS IN ACCORDANCE
41 WITH SECTION TWO HUNDRED SEVENTY-THREE OF THIS ARTICLE;
42 2. REQUIRE MEMBERS TO BE PHYSICALLY PRESENT AT ALL MEETINGS FOR A
43 MAJORITY QUORUM;
44 3. HAVE THE POWER TO DETERMINE, AS EACH INMATE APPLIES FOR CONDITIONAL
45 RELEASE, THE NEED FOR SUPPLEMENTAL INVESTIGATION OF THE BACKGROUND OF
46 SUCH INMATE AND CAUSE SUCH INVESTIGATION AS MAY BE NECESSARY TO BE MADE
47 AS SOON AS PRACTICABLE. THE COMMISSION MAY REQUIRE THAT THE PROBATION
48 DEPARTMENT LOCATED IN THE JURISDICTION OF THE COMMISSION CONDUCT SUCH
49 SUPPLEMENTAL INVESTIGATION. THE RESULTS OF SUCH INVESTIGATION TOGETHER
50 WITH ALL OTHER INFORMATION COMPILED BY THE LOCAL CORRECTIONAL FACILITY
51 AND THE COMPLETE CRIMINAL RECORD AND FAMILY COURT RECORD OF SUCH INMATE
52 SHALL BE READILY AVAILABLE WHEN THE CONDITIONAL RELEASE OF SUCH INMATE
53 IS BEING CONSIDERED. SUCH INFORMATION SHALL INCLUDE A COMPLETE STATEMENT
54 OF THE CRIME FOR WHICH THE INMATE HAS BEEN SENTENCED, THE CIRCUMSTANCES
55 OF SUCH CRIME, ALL PRESENTENCE MEMORANDA, THE NATURE OF THE SENTENCE,
56 THE COURT IN WHICH SUCH INMATE WAS SENTENCED, THE NAME OF THE JUDGE AND
A. 3498 3
1 DISTRICT ATTORNEY AND COPIES OF SUCH PROBATION REPORTS AS MAY HAVE BEEN
2 MADE AS WELL AS REPORTS AS TO THE INMATE'S SOCIAL, PHYSICAL, MENTAL AND
3 PSYCHIATRIC CONDITION AND HISTORY;
4 4. HAVE THE LEGAL CUSTODY OF PERSONS CONDITIONALLY RELEASED AND PLACED
5 UNDER THE SUPERVISION OF THE LOCAL PROBATION DEPARTMENT FOR A PERIOD OF
6 ONE YEAR, OR UNTIL RETURNED TO THE CUSTODY OF THE LOCAL CORRECTIONAL
7 FACILITY LOCATED IN THE JURISDICTION OF THE COMMISSION, AS THE CASE MAY
8 BE;
9 5. HAVE THE POWER TO REVOKE THE CONDITIONAL RELEASE OF ANY PERSON IN
10 THE LEGAL CUSTODY OF THE COMMISSION AND TO ISSUE DECLARATIONS OF DELIN-
11 QUENCY AND AUTHORIZE THE ISSUANCE OF A WARRANT FOR THE RETAKING OF SUCH
12 PERSON, AS PROVIDED FOR IN SECTION TWO HUNDRED SEVENTY-FOUR OF THIS
13 ARTICLE;
14 6. FOR THE PURPOSE OF ANY INVESTIGATION NECESSARY IN THE PERFORMANCE
15 OF ITS DUTIES, HAVE THE POWER TO ISSUE SUBPOENAS, TO COMPEL THE ATTEND-
16 ANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, AND OTHER DOCU-
17 MENTS PERTINENT TO THE SUBJECT OF ITS INQUIRY. THE MINUTES OF ALL
18 COMMISSION MEETINGS MUST BE RECORDED AND SUCH RECORDS SHALL BE RETAINED
19 PERMANENTLY BY THE COMMISSION;
20 7. HAVE THE POWER TO AUTHORIZE ANY MEMBERS THEREOF TO ADMINISTER OATHS
21 AND TAKE THE TESTIMONY OF PERSONS UNDER OATH;
22 8. NOTIFY, IN WRITING, THE INITIAL SENTENCING COURT, THE DISTRICT
23 ATTORNEY AND DEFENSE COUNSEL WITHIN FIVE BUSINESS DAYS OF RECEIPT OF AN
24 APPLICATION FOR A LOCAL CONDITIONAL RELEASE FILED UNDER THIS ARTICLE AND
25 PROVIDE A FIFTEEN DAY PERIOD FOR COMMENT ON SUCH APPLICATION. COMMENTS
26 SUBMITTED UNDER THIS SUBDIVISION SHALL BE PROVIDED TO THE COMMISSION AND
27 ALL PARTIES;
28 9. NOTIFY IN WRITING THE APPROPRIATE LOCAL PROBATION DEPARTMENT PRIOR
29 TO RELEASE OF A CONDITIONALLY RELEASED PERSON OF SUCH DEPARTMENT'S
30 RESPONSIBILITIES TO SUPERVISE SUCH PERSON;
31 SUCH NOTICE SHALL INCLUDE THE NAME AND RESIDENCE OF THE PERSON, THE
32 DATE OF RELEASE, THE CONDITIONS OF RELEASE, AND ALL NECESSARY RECORDS
33 MAINTAINED ON SUCH PERSON TO AID THE LOCAL PROBATION DEPARTMENT IN THE
34 PERFORMANCE OF ITS RESPONSIBILITIES PURSUANT TO SUBDIVISION SIX OF
35 SECTION TWO HUNDRED FIFTY-SIX OF THE EXECUTIVE LAW;
36 10. HAVE THE POWER TO TRANSFER THE LEGAL CUSTODY OF PERSONS CONDI-
37 TIONALLY RELEASED IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
38 HUNDRED SEVENTY-FIVE OF THIS ARTICLE;
39 11. PRESENT AN ANNUAL REPORT TO THE COUNTY LEGISLATURE, OR IN THE CASE
40 OF THE CITY OF NEW YORK, TO THE CITY COUNCIL, OF ITS FINDINGS AND
41 ACTIONS ON SUBMITTED APPLICATIONS.
42 S 273. CONDITIONAL RELEASE; PROCEDURES FOR APPLICATION AND DETERMI-
43 NATIONS. 1. ANY INMATE WHO IS ELIGIBLE FOR CONDITIONAL RELEASE BY A
44 COMMISSION PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW
45 AND WHO HAS SERVED A MINIMUM PERIOD OF SIXTY DAYS IN A LOCAL CORRECTION-
46 AL FACILITY MAY APPLY FOR CONDITIONAL RELEASE. ELIGIBILITY CRITERIA
47 SHALL BE LIMITED TO INMATES:
48 (A) WHO HAVE NOT BEEN PREVIOUSLY CONVICTED AND WHO DO NOT STAND
49 CONVICTED OF ANY CRIME WHICH WOULD MAKE SUCH INMATE INELIGIBLE FOR THE
50 RECEIPT OF MERIT TIME PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS
51 CHAPTER, ANY CRIME PURSUANT TO ARTICLE TWO HUNDRED THIRTY-FIVE OF THE
52 PENAL LAW WHEN THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN
53 AT THE TIME OF THE OFFENSE, OR ANY CRIME WHICH THE COMMISSION DETERMINES
54 CONSTITUTED A CRIME OF DOMESTIC VIOLENCE;
55 (B) HAVING JAIL RECORDS WHICH MAKE THEM ELIGIBLE FOR A REDUCTION OF
56 SENTENCE UNDER SECTION EIGHT HUNDRED FOUR OF THIS CHAPTER;
A. 3498 4
1 (C) HAVING VERIFIED COMMUNITY TIES IN ONE OF THE FOLLOWING AREAS:
2 EMPLOYMENT, PERMANENT RESIDENCE AND FAMILY.
3 APPLICATION SHALL BE MADE IN WRITING, ON FORMS PRESCRIBED BY THE DIVI-
4 SION, TO THE COMMISSION IN THE COUNTY WHERE THE SENTENCE WAS IMPOSED.
5 2. THE COMMISSION SHALL REVIEW AND MAKE A DETERMINATION ON EACH APPLI-
6 CATION WITHIN THIRTY DAYS OF RECEIPT OF SUCH APPLICATION. NO DETERMI-
7 NATION GRANTING OR DENYING SUCH APPLICATION SHALL BE VALID UNLESS MADE
8 BY A MAJORITY VOTE OF AT LEAST THREE COMMISSION MEMBERS PRESENT. NO
9 RELEASE SHALL BE GRANTED UNLESS THERE IS A REASONABLE PROBABILITY THAT,
10 IF SUCH INMATE IS RELEASED, HE OR SHE SHALL LIVE AND REMAIN AT LIBERTY
11 WITHOUT VIOLATING THE LAW, AND THAT HIS OR HER RELEASE IS NOT INCOMPAT-
12 IBLE WITH THE WELFARE OF SOCIETY AND SHALL NOT SO DEPRECATE THE SERIOUS-
13 NESS OF HIS OR HER CRIME AS TO UNDERMINE RESPECT FOR LAW.
14 3. IF CONDITIONAL RELEASE IS GRANTED, THE COMMISSION SHALL SET THE
15 CONDITIONS FOR RELEASE OF THE PERSON IN ACCORDANCE WITH RULES AND REGU-
16 LATIONS PROMULGATED BY THE DIVISION. SUCH PERSON SHALL BE GIVEN A COPY
17 OF THE CONDITIONS OF RELEASE. SUCH CONDITIONS SHALL, WHERE APPROPRIATE,
18 INCLUDE A REQUIREMENT THAT THE PERSON COMPLY WITH ANY RESTITUTION ORDER
19 PREVIOUSLY IMPOSED BY A COURT OF COMPETENT JURISDICTION THAT APPLIES TO
20 THE PERSON.
21 4. NO PERSON WHO HAS BEEN GRANTED CONDITIONAL RELEASE SHALL BE
22 RELEASED UNTIL SUCH PERSON HAS SERVED A MINIMUM PERIOD OF INCARCERATION
23 OF NINETY DAYS, IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION 70.40 OF
24 THE PENAL LAW, AND UNLESS SUCH PERSON HAS AGREED IN WRITING TO THE
25 CONDITIONS SET BY THE COMMISSION. SUCH AGREEMENT SHALL STATE IN PLAIN,
26 EASILY UNDERSTANDABLE LANGUAGE THE CONSEQUENCES OF A VIOLATION OF ONE OR
27 MORE OF THE CONDITIONS OF RELEASE.
28 5. PERSONS WHO HAVE BEEN GRANTED CONDITIONAL RELEASE BY THE COMMISSION
29 ESTABLISHED PURSUANT TO THIS ARTICLE SHALL, WHILE ON CONDITIONAL
30 RELEASE, BE IN THE LEGAL CUSTODY OF THE COMMISSION FOR A PERIOD OF ONE
31 YEAR, OR UNTIL RETURNED TO THE CUSTODY OF THE LOCAL CORRECTIONAL FACILI-
32 TY LOCATED IN THE JURISDICTION OF THE COMMISSION, AS THE CASE MAY BE.
33 THE PROBATION DEPARTMENT LOCATED IN THE JURISDICTION OF THE COMMISSION
34 HAS THE DUTY OF SUPERVISING THE PERSON DURING THE PERIOD OF SUCH CONDI-
35 TIONAL RELEASE. THE COMMISSION SHALL IMPOSE A MINIMUM OF FOUR SUPER-
36 VISION CONTACTS PER MONTH WHILE THE PERSON IS ON CONDITIONAL RELEASE.
37 6. IF CONDITIONAL RELEASE IS NOT GRANTED, THE COMMISSION SHALL INFORM
38 THE PERSON IN WRITING OF THE FACTORS AND REASONS FOR SUCH DENIAL OF
39 CONDITIONAL RELEASE WITHIN FIFTEEN DAYS OF THE DECISION. SUCH REASONS
40 SHALL BE GIVEN IN DETAIL AND NOT IN CONCLUSORY TERMS. INMATES DENIED
41 CONDITIONAL RELEASE ARE ELIGIBLE TO REAPPLY SIXTY DAYS AFTER THE DATE OF
42 SUBMISSION OF THE DENIED APPLICATION.
43 S 274. CONDITIONAL RELEASE; PROCEDURES FOR VIOLATION, DELINQUENCY,
44 WARRANTS AND REVOCATION. 1. IF AT ANY TIME DURING THE PERIOD OF CONDI-
45 TIONAL RELEASE, THE COMMISSION, OR ANY MEMBER THEREOF, HAS REASONABLE
46 CAUSE TO BELIEVE THAT A PERSON WHO HAS BEEN CONDITIONALLY RELEASED HAS
47 LAPSED INTO CRIMINAL WAYS OR COMPANY, OR HAS VIOLATED ONE OR MORE CONDI-
48 TIONS OF CONDITIONAL RELEASE, THE COMMISSION OR SUCH MEMBER MAY DECLARE
49 SUCH PERSON DELINQUENT AND ISSUE A WRITTEN DECLARATION OF DELINQUENCY.
50 UPON SUCH DECLARATION, SUCH COMMISSION OR SUCH MEMBER MAY ISSUE A
51 WARRANT FOR THE RETAKING AND TEMPORARY DETENTION OF SUCH PERSON.
52 2. A WARRANT ISSUED PURSUANT TO THIS SECTION SHALL CONSTITUTE SUFFI-
53 CIENT AUTHORITY TO THE CHIEF ADMINISTRATIVE OFFICER OF ANY LOCAL CORREC-
54 TIONAL FACILITY TO WHOM IT IS DELIVERED TO HOLD IN TEMPORARY DETENTION
55 THE PERSON NAMED THEREIN.
A. 3498 5
1 3. A WARRANT ISSUED PURSUANT TO THIS SECTION MAY BE EXECUTED BY ANY
2 PROBATION OFFICER OR ANY OFFICER AUTHORIZED TO SERVE CRIMINAL PROCESS OR
3 ANY PEACE OFFICER, WHO IS ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES,
4 OR ANY POLICE OFFICER. ANY SUCH OFFICER TO WHOM SUCH WARRANT SHALL BE
5 DELIVERED IS AUTHORIZED AND REQUIRED TO EXECUTE SUCH WARRANT BY TAKING
6 SUCH PERSON AND HAVING HIM OR HER DETAINED AS PROVIDED FOR IN THIS
7 SECTION.
8 4. THE ALLEGED VIOLATOR SHALL, WITHIN THREE DAYS OF THE EXECUTION OF
9 THE WARRANT, BE GIVEN WRITTEN NOTICE OF THE TIME, PLACE AND PURPOSE OF
10 THE HEARING. THE NOTICE SHALL STATE WHAT CONDITIONS OF CONDITIONAL
11 RELEASE ARE ALLEGED TO HAVE BEEN VIOLATED AND IN WHAT MANNER AND SHALL
12 INFORM THE ALLEGED VIOLATOR OF HIS OR HER RIGHT TO COUNSEL AS PROVIDED
13 FOR IN SUBDIVISION SEVEN OF THIS SECTION.
14 5. THE ALLEGED CONDITIONAL RELEASE VIOLATOR SHALL APPEAR BEFORE THE
15 COMMISSION WITHIN FIFTEEN DAYS OF THE EXECUTION OF THE WARRANT. AT THE
16 TIME OF SUCH APPEARANCE THE COMMISSION SHALL ASK THE ALLEGED VIOLATOR
17 WHETHER HE OR SHE WISHES TO MAKE ANY STATEMENT WITH RESPECT TO THE
18 VIOLATION. IF THE ALLEGED VIOLATOR MAKES A STATEMENT, THE COMMISSION MAY
19 ACCEPT IT AND BASE A DECISION THEREON. IF THE COMMISSION DOES NOT ACCEPT
20 IT, OR IF THE ALLEGED VIOLATOR DOES NOT MAKE A STATEMENT, THE COMMISSION
21 SHALL PROCEED WITH THE HEARING.
22 6. THE COMMISSION MAY RECEIVE ANY RELEVANT EVIDENCE. THE ALLEGED
23 VIOLATOR MAY CROSS EXAMINE WITNESSES AND MAY PRESENT EVIDENCE ON HIS OR
24 HER OWN BEHALF.
25 7. THE ALLEGED VIOLATOR IS ENTITLED TO COUNSEL AT ALL STAGES OF ANY
26 PROCEEDING UNDER THIS SECTION AND THE COMMISSION SHALL ADVISE HIM OR HER
27 OF SUCH RIGHT UPON DELIVERING TO THE ALLEGED VIOLATOR WRITTEN NOTICE,
28 REQUIRED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
29 8. AT THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL ISSUE A
30 FINDING. IF THE COMMISSION IS NOT SATISFIED THAT THERE IS A PREPONDER-
31 ANCE OF EVIDENCE IN SUPPORT OF THE VIOLATION, THE COMMISSION SHALL
32 DISMISS THE VIOLATION, CANCEL DELINQUENCY AND RESTORE THE PERSON TO
33 SUPERVISION. IF THE COMMISSION IS SATISFIED THAT THERE IS A PREPONDER-
34 ANCE OF EVIDENCE THAT THE ALLEGED VIOLATOR VIOLATED ONE OR MORE CONDI-
35 TIONS OF CONDITIONAL RELEASE IN AN IMPORTANT RESPECT, THE COMMISSION
36 SHALL SO FIND.
37 9. UPON A FINDING IN SUPPORT OF THE VIOLATION, THE COMMISSION MAY
38 REVOKE THE CONDITIONAL RELEASE, OR CONTINUE OR MODIFY THE CONDITIONS OF
39 SUCH CONDITIONAL RELEASE. WHERE THE COMMISSION REVOKES A PERSON'S CONDI-
40 TIONAL RELEASE, SUCH PERSON SHALL BE COMMITTED TO THE CUSTODY OF THE
41 CHIEF ADMINISTRATIVE OFFICER OF THE LOCAL CORRECTIONAL FACILITY TO SERVE
42 THE TIME REMAINING ON HIS OR HER SENTENCE, IN ACCORDANCE WITH SUBDIVI-
43 SION THREE OF SECTION 70.40 OF THE PENAL LAW. WHERE THE COMMISSION MODI-
44 FIES THE CONDITIONS OF THE CONDITIONAL RELEASE, THE COMMISSION SHALL
45 INFORM THE PERSON, IN WRITING, OF SUCH MODIFIED CONDITIONS.
46 10. ANY ACTIONS BY THE COMMISSION PURSUANT TO THIS ARTICLE SHALL BE
47 DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN
48 ACCORDANCE WITH LAW.
49 S 275. TRANSFER OF CUSTODY AND SUPERVISION OF CONDITIONAL RELEASEE. 1.
50 IF A PERSON WHO HAS BEEN GRANTED CONDITIONAL RELEASE PURSUANT TO THIS
51 ARTICLE RESIDES OR DESIRES TO RESIDE IN A PLACE OTHER THAN THE ONE
52 LOCATED WITHIN THE JURISDICTION OF THE COMMISSION WHICH HAS LEGAL CUSTO-
53 DY OF SUCH PERSON, SUCH COMMISSION, OR ANY MEMBER THEREOF, MAY DESIGNATE
54 ANY OTHER COMMISSION ESTABLISHED PURSUANT TO THIS ARTICLE, OR THE PAROLE
55 BOARD, TO ASSUME CUSTODY OF SUCH PERSON AND MAY SO TRANSFER CUSTODY.
A. 3498 6
1 2. WHERE CUSTODY OF A PERSON WHO HAS BEEN GRANTED CONDITIONAL RELEASE
2 PURSUANT TO THIS ARTICLE IS TRANSFERRED PURSUANT TO SUBDIVISION ONE OF
3 THIS SECTION, UPON DESIGNATION AND PRIOR TO TRANSFER, THE COMMISSION
4 MAKING THE DESIGNATION SHALL NOTIFY THE COMMISSION WHICH HAS BEEN DESIG-
5 NATED TO RECEIVE CUSTODY OF SUCH TRANSFER OR THE PAROLE BOARD. THE
6 COMMISSION MAKING THE DESIGNATION SHALL IMMEDIATELY FORWARD ITS ENTIRE
7 CASE RECORD REGARDING SUCH PERSON TO THE RECEIVING COMMISSION OR THE
8 PAROLE BOARD. THE COMMISSION TO WHICH LEGAL CUSTODY HAS BEEN TRANS-
9 FERRED, OR THE PAROLE BOARD, SHALL ASSUME THE SAME POWERS AND DUTIES
10 EXERCISED BY THE DESIGNATING COMMISSION AND SHALL HAVE THE SOLE CUSTODY
11 OF SUCH PERSON.
12 3. THE COMMISSION MAKING THE DESIGNATION SHALL, UPON DESIGNATION AND
13 PRIOR TO TRANSFER, NOTIFY THE LOCAL PROBATION DEPARTMENT LOCATED IN THE
14 JURISDICTION OF THE RECEIVING COMMISSION OF THE DUTIES OF SUPERVISION
15 AND CONDITIONS OF RELEASE OF SUCH PERSON. UPON SUCH NOTIFICATION, SUCH
16 PROBATION DEPARTMENT SHALL ASSUME RESPONSIBILITIES OF SUPERVISION. THE
17 COMMISSION MAKING THE DESIGNATION SHALL IMMEDIATELY FORWARD ITS ENTIRE
18 CASE RECORD REGARDING SUCH PERSON TO SUCH PROBATION DEPARTMENT.
19 S 276. REGULATIONS AND REPORT. THE DIVISION SHALL PROMULGATE REGU-
20 LATIONS IN CONFORMANCE WITH THE PROVISIONS OF THIS ARTICLE WHICH ENSURE
21 THAT LOCAL CONDITIONAL RELEASE COMMISSIONS OPERATE IN ACCORDANCE WITH
22 THE REQUIREMENTS PROVIDED IN THIS ARTICLE. THE DIVISION SHALL REPORT
23 ANNUALLY TO THE SPEAKER OF THE ASSEMBLY AND TO THE TEMPORARY PRESIDENT
24 OF THE SENATE CONCERNING THE OPERATIONS OF LOCAL CONDITIONAL RELEASE
25 COMMISSIONS.
26 S 2. The executive law is amended by adding a new section 257-b to
27 read as follows:
28 S 257-B. CONDITIONAL RELEASEES; DUTIES OF SUPERVISION. 1. IT SHALL BE
29 THE DUTY OF EVERY PROBATION OFFICER TO FURNISH EACH PERSON WHO HAS BEEN
30 ORDERED TO HIS OR HER SUPERVISION PURSUANT TO SUBDIVISION TWO OF SECTION
31 70.40 OF THE PENAL LAW, WITH A STATEMENT OF THE CONDITIONS OF RELEASE
32 AND TO INSTRUCT SUCH PERSON WITH REGARD THERETO; TO KEEP INFORMED
33 CONCERNING SUCH PERSON'S CONDUCT, HABITS, ASSOCIATES, EMPLOYMENTS,
34 RECREATION AND WHEREABOUTS; TO CONTACT SUCH PERSON AT LEAST ONCE A MONTH
35 PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE DIVISION; TO AID
36 AND ENCOURAGE SUCH PERSON BY FRIENDLY ADVICE AND ADMONITION AND, BY SUCH
37 OTHER MEASURES AS MAY SEEM MOST SUITABLE, TO BRING ABOUT IMPROVEMENT IN
38 SUCH PERSON'S CONDUCT, CONDITION AND GENERAL ATTITUDE TOWARD SOCIETY.
39 2. PROBATION OFFICERS SHALL REPORT TO THE HEAD OF THE LOCAL PROBATION
40 DEPARTMENT WHO SHALL IN TURN REPORT IN WRITING TO THE LOCAL CONDITIONAL
41 RELEASE COMMISSION HAVING CUSTODY OF SUCH PERSON AT LEAST MONTHLY
42 CONCERNING THE CONDUCT AND CONDITION OF PERSONS CONDITIONALLY RELEASED
43 PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW; KEEP
44 RECORDS OF THEIR WORK AS PROBATION OFFICERS; KEEP ACCURATE AND COMPLETE
45 ACCOUNTS OF ALL MONEY COLLECTED FROM SUCH PERSONS; GIVE RECEIPTS THERE-
46 FOR AND MAKE PROMPT RETURNS THEREOF AT LEAST MONTHLY; AID IN SECURING
47 EMPLOYMENT; PERFORM SUCH OTHER DUTIES IN CONNECTION WITH THE SUPERVISION
48 OF SUCH PERSONS AS MAY BE REQUIRED BY RULES AND REGULATIONS PROMULGATED
49 BY THE DIVISION; AND MAKE ANY OTHER REPORTS TO THE DIVISION AS IT MAY
50 REQUIRE.
51 3. IF AT ANY TIME DURING THE PERIOD OF SUPERVISION, A PROBATION OFFI-
52 CER HAS REASONABLE CAUSE TO BELIEVE A PERSON CONDITIONALLY RELEASED
53 PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW HAS LAPSED
54 INTO CRIMINAL WAYS OR COMPANY, OR HAS VIOLATED ONE OR MORE CONDITIONS OF
55 HIS OR HER RELEASE, SUCH PROBATION OFFICER SHALL REPORT SUCH FACT TO A
A. 3498 7
1 MEMBER OF THE LOCAL CONDITIONAL RELEASE COMMISSION HAVING CUSTODY OF
2 SUCH PERSON.
3 S 3. Subdivision 4 of section 259-a of the executive law, as separate-
4 ly amended by chapter 635 of the laws of 1985 and chapter 1 of the laws
5 of 1998, is amended to read as follows:
6 4. [The] IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE divi-
7 sion shall supervise [all] inmates released on parole or conditional
8 release, or to post-release supervision, except that the division may
9 consent to the supervision of a released inmate by the United States
10 parole commission pursuant to the witness security act of nineteen
11 hundred eighty-four.
12 S 4. Subdivision 2 of section 70.40 of the penal law, as amended by
13 chapter 467 of the laws of 1979, is amended to read as follows:
14 2. Definite sentence. A person who is serving one or more than one
15 definite sentence of imprisonment with a MINIMUM term or MINIMUM aggre-
16 gate term [in excess] of [ninety] ONE HUNDRED TWENTY days, AND IS ELIGI-
17 BLE FOR RELEASE ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPHS (A),
18 (B) AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED SEVENTY-THREE OF
19 THE CORRECTION LAW, may, if he OR SHE so requests, be conditionally
20 released from the institution in which he OR SHE is confined at any time
21 after service of [sixty] NINETY days of that term, exclusive of credits
22 allowed under subdivisions four and six of section 70.30. In computing
23 service of [sixty] NINETY days, the credit allowed for jail time under
24 subdivision three of section 70.30 shall be calculated as time served.
25 Conditional release from such institution shall be in the discretion of
26 the parole board, OR A LOCAL CONDITIONAL RELEASE COMMISSION ESTABLISHED
27 PURSUANT TO ARTICLE TWELVE OF THE CORRECTION LAW, and shall be upon such
28 conditions as may be imposed by [that] THE PAROLE board, in accordance
29 with the provisions of the executive law, OR A LOCAL CONDITIONAL RELEASE
30 COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THE CORRECTION LAW.
31 Conditional release shall interrupt service of the sentence or
32 sentences and the remaining portion of the term or aggregate term shall
33 be held in abeyance. Every person so released shall be under the super-
34 vision of the parole board [for a period of one year] OR A LOCAL
35 PROBATION DEPARTMENT AND IN THE CUSTODY OF THE LOCAL CONDITIONAL RELEASE
36 COMMISSION IN ACCORDANCE WITH ARTICLE TWELVE OF THE CORRECTION LAW, FOR
37 A PERIOD OF ONE YEAR. THE LOCAL PROBATION DEPARTMENT SHALL CAUSE
38 COMPLETE RECORDS TO BE KEPT OF EVERY PERSON RELEASED TO ITS SUPERVISION
39 PURSUANT TO THIS SUBDIVISION. THE DIVISION OF PAROLE MAY SUPPLY TO A
40 LOCAL PROBATION DEPARTMENT AND THE LOCAL CONDITIONAL RELEASE COMMISSION
41 CUSTODY INFORMATION AND RECORDS MAINTAINED ON PERSONS UNDER THE SUPER-
42 VISION OF SUCH LOCAL PROBATION DEPARTMENT TO AID IN THE PERFORMANCE OF
43 ITS SUPERVISION RESPONSIBILITIES. Compliance with the conditions of
44 release during the period of supervision shall satisfy the portion of
45 the term or aggregate term that has been held in abeyance.
46 S 5. Paragraph (b) of subdivision 3 of section 70.40 of the penal law,
47 as separately amended by chapter 1 of the laws of 1998, is amended to
48 read as follows:
49 (b) When a person is alleged to have violated the terms of his condi-
50 tional release or post-release supervision and has been declared delin-
51 quent by the PAROLE board or THE LOCAL CONDITIONAL RELEASE commission
52 having supervision over [him] SUCH PERSON, the declaration of delinquen-
53 cy shall interrupt the period of supervision or post-release supervision
54 as of the date of the delinquency. For a conditional release, such
55 interruption shall continue until the return of the person to the insti-
56 tution from which he was released or, if he was released from an insti-
A. 3498 8
1 tution under the jurisdiction of the state department of [correction]
2 CORRECTIONAL SERVICES, to an institution under the jurisdiction of that
3 department. Upon such return, the person shall resume service of his
4 sentence. For a person released to post-release supervision, the
5 provisions of section 70.45 shall apply.
6 S 6. This act shall take effect immediately.
