Bill Text: NY A05707 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 5707 (Prior Session Legislation)

Introduced

Bill Title: Relates to bona fide work not being considered a parole violation.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-10-22 - signed chap.487 [A05707 Detail]

Download: New_York-2021-A05707-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          5707

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2021
                                       ___________

        Introduced by 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03765-01-1

        A. 5707                             2

     1  performed as an employee for an employer, as defined in section  two  of
     2  the labor law.
     3    §  3.  Section  274  of  the correction law is amended by adding a new
     4  subdivision 11 to read as follows:
     5    11. The commission, or any member thereof, shall not determine that  a
     6  person who has been conditionally released has lapsed into criminal ways
     7  or  company,  or  has  violated  one  or  more conditions of conditional
     8  release because such person engages in bona fide work for  an  employer,
     9  including travel time to or from bona fide work, during curfew times set
    10  by  conditions  of  conditional release.   For purposes of this section,
    11  bona fide work is work performed as an  employee  for  an  employer,  as
    12  defined in section two of the labor law.
    13    §  4.  The  executive  law is amended by adding a new section 259-t to
    14  read as follows:
    15    § 259-t. Permitted activities. Where any person is granted presumptive
    16  release, parole, conditional release,  release  to  post-release  super-
    17  vision  or  any  other  type  of  supervised release, the state board of
    18  parole shall not deem a person to be in violation of and the state board
    19  of parole shall not terminate such granted presumptive release,  parole,
    20  conditional  release,  release  to post-release supervision or any other
    21  type of supervised release solely because such person  engaged  in  bona
    22  fide  work  for  an employer, including travel time to or from bona fide
    23  work, during curfew  times  set  by  conditions  of  probation,  parole,
    24  presumptive  release,  conditional  release  or  release to post-release
    25  supervision. For purposes of  this  section,  bona  fide  work  is  work
    26  performed  as  an employee for an employer, as defined in section two of
    27  the labor law.
    28    § 5. This act shall take effect immediately.