Bill Text: NY A07217 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-23 - reported referred to codes [A07217 Detail]

Download: New_York-2015-A07217-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7217
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2015
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Correction
       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.
                                                                  LBD02369-01-5