Bill Text: NY A10788 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-10 - referred to correction [A10788 Detail]

Download: New_York-2019-A10788-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10788

                   IN ASSEMBLY

                                      July 10, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of 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
    24  performed  as  an employee for an employer, as defined in section two of
    25  the labor law.
    26    § 3. Section 274 of the correction law is  amended  by  adding  a  new
    27  subdivision 11 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15608-01-0
        A. 10788                            2

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