Bill Text: NY S02803 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 2803 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-06-10 - SUBSTITUTED BY A5707 [S02803 Detail]

Download: New_York-2021-S02803-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2803

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 25, 2021
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        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

        S. 2803                             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.