Bill Text: NY A09097 | 2023-2024 | General Assembly | Introduced
Bill Title: Renames the state board of parole the state board of re-entry; makes conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-07 - referred to correction [A09097 Detail]
Download: New_York-2023-A09097-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9097 IN ASSEMBLY February 7, 2024 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Correction AN ACT to amend the executive law, in relation to renaming the state board of parole; and to amend the correction law, the criminal proce- dure law, the judiciary law, the mental hygiene law, the public health law and the penal law, in relation to making conforming changes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 12-B of the executive law, 2 as amended by section 105 of subpart B of part C of chapter 62 of the 3 laws of 2011, is amended to read as follows: 4 STATE BOARD OF [PAROLE] RE-ENTRY 5 § 2. Paragraphs (c) and (e) of subdivision 1 of section 169 of the 6 executive law, paragraph (c) as amended by section 9 of part A of chap- 7 ter 60 of the laws of 2012 and paragraph (e) as amended by section 2-a 8 of part AA of chapter 56 of the laws of 2019, are amended to read as 9 follows: 10 (c) commissioner of agriculture and markets, commissioner of alcohol- 11 ism and substance abuse services, adjutant general, commissioner and 12 president of state civil service commission, commissioner of economic 13 development, chair of the energy research and development authority, 14 president of higher education services corporation, commissioner of 15 motor vehicles, member-chair of board of [parole] re-entry, chair of 16 public employment relations board, secretary of state, commissioner of 17 alcoholism and substance abuse services, executive director of the hous- 18 ing finance agency, commissioner of housing and community renewal, exec- 19 utive director of state insurance fund, commissioner-chair of state 20 liquor authority, and chair of the workers' compensation board; 21 (e) chairperson of state athletic commission, director of the office 22 of victim services, chairperson of human rights appeal board, chair- 23 person of the industrial board of appeals, chairperson of the state 24 commission of correction, members of the board of [parole] re-entry, 25 member-chairperson of unemployment insurance appeal board, director of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13619-01-3A. 9097 2 1 veterans' services, and vice-chairperson of the workers' compensation 2 board; 3 § 3. Section 244 of the executive law, as amended by section 19 of 4 part A of chapter 56 of the laws of 2010, is amended to read as follows: 5 § 244. Hostels and foster homes. 1. The office is hereby authorized to 6 provide or to pay for care in a hostel or foster home approved by the 7 office as suitable for such cases for any probationer or parolee under 8 the age of twenty-one years when the [parole] board of re-entry or a 9 judge of a court determines that there is no other suitable home for 10 such probationer or parolee and that such probationer or parolee should 11 be placed in such hostel or foster home. In addition to payment for such 12 care, when ordered by the board or court, the office is authorized to 13 provide or pay for clothing and other necessities, including medical and 14 psychiatric treatment, required for the welfare of such probationer or 15 parolee. The office may also provide or contract for such care in any 16 suitable facility operated by a department of correction or by any other 17 public or voluntary social welfare agency, institution or organization. 18 A court with respect to such a probationer and the [parole] board of 19 re-entry with respect to such a parolee shall, subject to regulation by 20 the division control admissions to and discharges from such hostels and 21 foster homes. When placement is made in any hostel or foster home, or 22 in any facility other than a public institution, such placement whenever 23 practicable shall be in a hostel, or facility operated by or in the home 24 of a person or persons of the same religious faith as the probationer or 25 parolee. 26 2. The office shall have authority and the duty to stimulate programs 27 for the development of hostels and foster homes for the care of proba- 28 tioners and parolees under the age of twenty-one years. 29 § 4. Subdivision 1 of section 259 of the executive law, as added by 30 section 37 of subpart A of part C of chapter 62 of the laws of 2011, is 31 amended and a new subdivision 9 is added to read as follows: 32 1. "Board" means the state board of [parole] re-entry. 33 9. "Division" means the division of criminal justice services. 34 § 5. Section 259-a of the executive law, as added by section 38 of 35 subpart A of part C of chapter 62 of the laws of 2011, is amended to 36 read as follows: 37 § 259-a. State board of [parole] re-entry; funding. The annual budget 38 submitted by the governor shall separately state the recommended appro- 39 priations for the state board of [parole] re-entry. Upon enactment, 40 these separately stated appropriations for the state board of [parole] 41 re-entry shall not be decreased by interchange with any other appropri- 42 ation, notwithstanding section fifty-one of the state finance law. 43 § 6. The section heading and subdivisions 1 and 3 of section 259-b of 44 the executive law, the section heading and subdivision 1 as amended by 45 section 38-a of subpart A of part C of chapter 62 of the laws of 2011 46 and subdivision 3 as amended by chapter 135 of the laws of 2013, are 47 amended to read as follows: 48 State board of [parole] re-entry; organization. 1. There shall be in 49 the department a state board of [parole] re-entry which shall possess 50 the powers and duties hereinafter specified. The board shall function 51 independently of the department regarding all of its decision-making 52 functions, as well as any other powers and duties specified in this 53 article, provided, however, that administrative matters of general 54 applicability within the department shall be applicable to the board. 55 Such board shall consist of not more than nineteen members appointed by 56 the governor with the advice and consent of the senate. The term ofA. 9097 3 1 office of each member of such board shall be for six years; provided, 2 however, that any member chosen to fill a vacancy occurring otherwise 3 than by expiration of term shall be appointed for the remainder of the 4 unexpired term of the member whom he or she is to succeed. In the event 5 of the inability to act of any member, the governor may appoint some 6 competent informed person to act in his or her stead during the contin- 7 uance of such disability. 8 3. The governor shall designate one of the members of the board as 9 [chairman] chairperson to serve in such capacity at the pleasure of the 10 governor or until the member's term of office expires and a successor is 11 designated in accordance with law, whichever first occurs. The [chair-12man] chairperson shall be responsible for the administrative functions 13 and daily operations of the [parole] board and its staff, except as 14 otherwise provided by law. 15 § 7. The section heading, the opening paragraph and subdivisions 4, 12 16 and 13 of section 259-c of the executive law, the section heading and 17 the opening paragraph as amended by section 38-b of subpart A of part C 18 of chapter 62 of the laws of 2011, subdivisions 4 and 12 as amended by 19 chapter 322 of the laws of 2021 and subdivision 13 as amended by chapter 20 292 of the laws of 2018, are amended to read as follows: 21 State board of [parole] re-entry; functions, powers and duties. The 22 state board of [parole] re-entry shall: 23 4. establish written procedures for its use in making parole decisions 24 as required by law. Such written procedures shall incorporate risk and 25 needs principles to measure the rehabilitation of persons appearing 26 before the board, the likelihood of success of such persons upon 27 release, and assist members of the state board of [parole] re-entry in 28 determining which incarcerated individuals may be released to parole 29 supervision; 30 12. to facilitate the supervision of all incarcerated individuals 31 released on community supervision the [chairman] chairperson of the 32 state board of [parole] re-entry shall consider the implementation of a 33 program of graduated sanctions, including but not limited to the utili- 34 zation of a risk and needs assessment instrument that would be adminis- 35 tered to all incarcerated individuals eligible for parole supervision. 36 Such a program would include various components including the use of 37 alternatives to incarceration for technical parole violations; 38 13. transmit a report of the work of the state board of [parole] 39 re-entry for the preceding calendar year to the governor and the legis- 40 lature annually. Such report shall include statistical information 41 regarding the demographics of persons granted release and considered for 42 release to community supervision or deportation, including but not 43 limited to age, gender, race, ethnicity, region of commitment and other 44 relevant categories of classification and commitment; 45 § 8. Subdivision 1 of section 259-d of the executive law, as amended 46 by section 38-b-2 of subpart A of part C of chapter 62 of the laws of 47 2011, is amended to read as follows: 48 1. The state board of [parole] re-entry shall appoint and shall have 49 the power to remove, in accordance with the provisions of the civil 50 service law, hearing officers who shall be authorized to conduct parole 51 revocation proceedings. Hearing officers shall function independently of 52 the department regarding all of their decision-making functions, and 53 shall report directly to the board, provided, however, that administra- 54 tive matters of general applicability within the department shall be 55 applicable to all hearing officers. A hearing officer conducting such 56 proceedings shall, when delegated such authority by the board in rulesA. 9097 4 1 adopted by the board, be required to make a written decision in accord- 2 ance with standards and rules adopted by the board. Nothing in this 3 article shall be deemed to preclude a member of the state board of 4 [parole] re-entry from exercising all of the functions, powers and 5 duties of a hearing officer upon request of the [chairman] chairperson. 6 § 9. Section 259-e of the executive law, as amended by chapter 322 of 7 the laws of 2021, is amended to read as follows: 8 § 259-e. Institutional parole services. The department shall provide 9 institutional parole services. Such services shall include preparation 10 of reports and other data required by the state board of [parole] re-en- 11 try in the exercise of its functions with respect to release on presump- 12 tive release, parole, conditional release or post-release supervision of 13 incarcerated individuals. Additionally, the department shall determine 14 which incarcerated individuals are in need of a deaf language interpret- 15 er or an English language interpreter, and shall inform the board of 16 such need within a reasonable period of time prior to an incarcerated 17 individual's scheduled appearance before the board. Employees of the 18 department who collect data, interview incarcerated individuals and 19 prepare reports for the state board of [parole] re-entry in institutions 20 under the jurisdiction of the department shall work under the direct 21 supervision of the deputy commissioner of the department in charge of 22 program services. Data and reports submitted to the board shall address 23 the statutory factors to be considered by the board pursuant to the 24 relevant provisions of section two hundred fifty-nine-i of this article. 25 § 10. Subdivision 5 of section 259-h of the executive law, as amended 26 by chapter 322 of the laws of 2021, is amended to read as follows: 27 5. The provisions of this section shall not be construed as diminish- 28 ing the discretionary authority of the board of [parole] re-entry to 29 determine whether or not an incarcerated individual is to be paroled. 30 § 11. Subparagraph (iii) of paragraph (f) of subdivision 3, paragraph 31 (b) of subdivision 6 and subdivision 8 of section 259-i of the executive 32 law, subparagraph (iii) of paragraph (f) of subdivision 3 as amended by 33 chapter 427 of the laws of 2021, paragraph (b) of subdivision 6 as 34 added by section 1 of part T of chapter 62 of the laws of 2003 and 35 subdivision 8 as amended by chapter 9 of the laws of 2017, are amended 36 to read as follows: 37 (iii) Both the alleged violator and an attorney who has filed a notice 38 of appearance on his or her behalf in accordance with the rules of the 39 board of [parole] re-entry shall be given written notice of the date, 40 place and time of the hearing pursuant to subparagraph (ix) of paragraph 41 (c) of this subdivision. 42 (b) The [chairman] chairperson of the board of [parole] re-entry shall 43 maintain records of all parole interviews and hearings for a period of 44 twenty-five years from the date of the parole release interview or until 45 expiration of the maximum term of sentence. 46 8. Foreign born or non-English speaking person before the board. Upon 47 notification from the department pursuant to section two hundred fifty- 48 nine-e of this article, or upon the request of any foreign born or non- 49 English speaking person who is scheduled to participate in an interview, 50 parole release hearing, preliminary hearing or revocation hearing, there 51 shall be appointed from the New York state office of general services 52 statewide administrative services contract, a qualified interpreter to 53 interpret the proceedings to and the statements or testimony of such 54 person. The board shall determine a reasonable fee for all such inter- 55 preting services, the cost of which shall be a charge upon the board ofA. 9097 5 1 [parole] re-entry. No such request or appointment shall cause a delay of 2 release from incarceration of such person. 3 § 12. Subdivisions 1, 2 and 3 of section 259-j of the executive law, 4 as amended by section 38-g of subpart A of part C of chapter 62 of the 5 laws of 2011, are amended to read as follows: 6 1. Except where a determinate sentence was imposed for a felony other 7 than a felony defined in article two hundred twenty [or article two8hundred twenty-one] of the penal law, if the board of [parole] re-entry 9 is satisfied that an absolute discharge from presumptive release, 10 parole, conditional release or release to a period of post-release 11 supervision is in the best interests of society, the board may grant 12 such a discharge prior to the expiration of the full term or maximum 13 term to any person who has been on unrevoked community supervision for 14 at least three consecutive years. A discharge granted under this section 15 shall constitute a termination of the sentence with respect to which it 16 was granted. No such discharge shall be granted unless the board is 17 satisfied that the parolee or releasee, otherwise financially able to 18 comply with an order of restitution and the payment of any mandatory 19 surcharge, sex offender registration fee or DNA databank fee previously 20 imposed by a court of competent jurisdiction, has made a good faith 21 effort to comply therewith. 22 2. The [chairman] chairperson of the board of [parole] re-entry shall 23 promulgate rules and regulations governing the issuance of discharges 24 from community supervision pursuant to this section to assure that such 25 discharges are consistent with public safety. 26 3. Notwithstanding any other provision of this section to the contra- 27 ry, where a term of post-release supervision in excess of five years has 28 been imposed on a person convicted of a crime defined in article one 29 hundred thirty of the penal law, including a sexually motivated felony, 30 the board of [parole] re-entry may grant a discharge from post-release 31 supervision prior to the expiration of the maximum term of post-release 32 supervision. Such a discharge may be granted only after the person has 33 served at least five years of post-release supervision, and only to a 34 person who has been on unrevoked post-release supervision for at least 35 three consecutive years. No such discharge shall be granted unless the 36 board of [parole] re-entry or the department acting pursuant to its 37 responsibility under subdivision one of section two hundred one of the 38 correction law consults with any licensed psychologist, qualified 39 psychiatrist, or other mental health professional who is providing care 40 or treatment to the supervisee; and the board: (a) determines that a 41 discharge from post-release supervision is in the best interests of 42 society; and (b) is satisfied that the supervisee, otherwise financially 43 able to comply with an order of restitution and the payment of any 44 mandatory surcharge, sex offender registration fee, or DNA data bank fee 45 previously imposed by a court of competent jurisdiction, has made a good 46 faith effort to comply therewith. Before making a determination to 47 discharge a person from a period of post-release supervision, the board 48 of [parole] re-entry may request that the commissioner of the office of 49 mental health arrange a psychiatric evaluation of the supervisee. A 50 discharge granted under this section shall constitute a termination of 51 the sentence with respect to which it was granted. 52 § 13. Subdivisions 1, 2 and 4 of section 259-k of the executive law, 53 as amended by section 38-i of subpart A of part C of chapter 62 of the 54 laws of 2011, are amended to read as follows: 55 1. All case files shall be maintained by the department for use by the 56 department and board. The department and board and authorized officersA. 9097 6 1 and employees thereof shall have complete access to such files and the 2 board of [parole] re-entry shall have the right to make such entries as 3 the board of [parole] re-entry shall deem appropriate in accordance with 4 law. 5 2. The board shall make rules for the purpose of maintaining the 6 confidentiality of records, information contained therein and informa- 7 tion obtained in an official capacity by officers, employees or members 8 of the board of [parole] re-entry. 9 4. Upon a determination by the department and board of [parole] re-en- 10 try that records regarding an individual presently under the supervision 11 of the department are relevant to an investigation of child abuse or 12 maltreatment conducted by a child protective service pursuant to title 13 six of article six of the social services law, the department and board 14 shall provide the records determined to be relevant to the child protec- 15 tive service conducting the investigation. The department and board 16 shall promulgate rules for the transmission of records required to be 17 provided under this section. 18 § 14. Subdivisions 1 and 2 of section 259-l of the executive law, 19 subdivision 1 as amended by chapter 322 of the laws of 2021 and subdivi- 20 sion 2 as amended by section 38-j of subpart A of part C of chapter 62 21 of the laws of 2011, are amended to read as follows: 22 1. It shall be the duty of the commissioner of corrections and commu- 23 nity supervision to ensure that all officers and employees of the 24 department shall at all times cooperate with the board of [parole] 25 re-entry and shall furnish to such members of the board and employees of 26 the board such information as may be appropriate to enable them to 27 perform their independent decision making functions. It is also his or 28 her duty to ensure that the functions of the board of [parole] re-entry 29 are not hampered in any way, including but not limited to: a restriction 30 of resources including staff assistance; limited access to vital infor- 31 mation; and presentation of an incarcerated individual's information in 32 a manner that may inappropriately influence the board in its decision 33 making. Where an incarcerated individual has appeared before the board 34 prior to having completed any program assigned by the department, and 35 such program remains incomplete by no fault of the incarcerated individ- 36 ual, and where the board has denied such incarcerated individual release 37 pursuant to paragraph (a) of subdivision two of section two hundred 38 fifty-nine-i of this article, the department shall prioritize such an 39 incarcerated individual's placement into the assigned program. 40 2. The official in charge of each institution wherein any person is 41 confined under a definite sentence of imprisonment, all officers and 42 employees thereof and all other public officials shall at all times 43 cooperate with the board of [parole] re-entry, and shall furnish to such 44 board, its officers and employees such information as may be required by 45 the board to perform its functions hereunder. The members of the board, 46 its officers and employees shall at all times be given free access to 47 all persons confined in any such institution under such sentence and 48 shall be furnished with appropriate working space in such institution 49 for such purpose without charge therefor. 50 § 15. Subdivision 2 of section 259-m of the executive law, as added by 51 chapter 904 of the laws of 1977, is amended to read as follows: 52 2. The [chairman] chairperson of the board of [parole] re-entry shall 53 have power and shall be charged with the duty of promulgating such rules 54 and regulations as may be deemed necessary to carry out the terms of a 55 compact entered into by the state pursuant to this section.A. 9097 7 1 § 16. Subdivision 3 of section 259-o of the executive law, as amended 2 by chapter 211 of the laws of 1985, is amended to read as follows: 3 3. Whenever there is reasonable cause to believe that a person 4 released on parole in this state but under the parole supervision of 5 another state pursuant to section two hundred fifty-nine-m of this arti- 6 cle has violated the conditions thereof, any person duly authorized in 7 such other state to conduct preliminary violation hearings, upon request 8 of the [chairman] chairperson of the board of [parole] re-entry, may 9 conduct such hearing, unless such hearing is waived by the parolee. The 10 preliminary violation hearing and the determinations made thereat shall 11 have the same force and effect as preliminary violation hearing 12 conducted in this state by the board of [parole] re-entry or a member, 13 hearing officer or panel thereof. 14 § 17. Subdivisions 1, 2, 3, 4 and 6 of section 259-q of the executive 15 law, subdivisions 1, 2 and 6 and paragraph (b) of subdivision 4 as 16 amended by section 38-k-1 of subpart A of part C of chapter 62 of the 17 laws of 2011, subdivision 3 as amended by chapter 120 of the laws of 18 2017, and subdivision 4 as added by chapter 466 of the laws of 1978, are 19 amended to read as follows: 20 1. No civil action shall be brought in any court of the state, except 21 by the attorney general on behalf of the state, against any officer or 22 employee of the board of [parole] re-entry or former division of parole, 23 in his or her personal capacity, for damages arising out of any act done 24 or the failure to perform any act within the scope of the employment and 25 in the discharge of the duties by such officer or employee. 26 2. Any claim for damages arising out of any act done or the failure to 27 perform any act within the scope of the employment and in the discharge 28 of the duties of any officer or employee of the board of [parole] re-en- 29 try or former division of parole shall be brought and maintained in the 30 court of claims as a claim against the state. 31 3. The state shall save harmless and indemnify any officer or employee 32 of the board of [parole] re-entry or former division of parole from 33 financial loss resulting from a claim filed in a court of the United 34 States for damages arising out of an act done or the failure to perform 35 any act that was (a) within the scope of the employment and in the 36 discharge of the duties of such officer or employee, and (b) not done or 37 omitted with the intent to violate any rule or regulation of the depart- 38 ment, board or former division or of any statute or governing case law 39 of the state or of the United States at the time the damages were 40 sustained; provided that the officer or employee shall comply with the 41 provisions of subdivision four of section seventeen of the public offi- 42 cers law. 43 4. (a) The provisions of this section shall supplement, and be avail- 44 able in addition to, the provisions of section seventeen of the public 45 officers law and, insofar as this section is inconsistent with section 46 seventeen of the public officers law, the provisions of this section 47 shall be controlling. 48 (b) The provisions of this section shall not be construed in any way 49 to impair, modify or abrogate any immunity available to any officer or 50 employee of the board of [parole] re-entry or former division of parole 51 under the statutory or decisional law of the state or the United States. 52 6. The benefits of subdivision three [hereof] of this section shall 53 inure only to officers and employees of the board of [parole] re-entry 54 or former division of parole and shall not enlarge or diminish the 55 rights of any other party.A. 9097 8 1 § 18. Subdivisions 10 and 11 of section 259-r of the executive law, 2 as amended by chapter 322 of the laws of 2021, are amended to read as 3 follows: 4 10. Notwithstanding any other provision of law, in the case of an 5 incarcerated individual whose terminal condition, disease or syndrome 6 meets the criteria for medical parole as set forth in paragraph (a) of 7 subdivision one of this section, and who is not serving a sentence for 8 one or more offenses set forth in paragraph (i) of subdivision one of 9 section eight hundred six of the correction law which would render such 10 incarcerated individual ineligible for presumptive release, the granting 11 of medical parole shall be determined by the commissioner provided that 12 a release of such incarcerated individual shall be in accordance with 13 subdivision eleven of this section. In such case, the provisions that 14 would have applied to and the procedures that would have been followed 15 by the board of [parole] re-entry pursuant to this section shall apply 16 to and be followed by the commissioner. 17 11. (a) After the commissioner has made a determination to grant 18 medical parole pursuant to subdivision ten of this section, the commis- 19 sioner shall notify the chairperson of the board of [parole] re-entry, 20 or their designee who shall be a member of the board of [parole] re-en- 21 try, and provide him or her with all relevant records, files, informa- 22 tion and documentation, which includes but is not limited to the crimi- 23 nal history, medical diagnosis and treatment pertaining to the 24 terminally ill incarcerated individual no more than five days from the 25 date of the determination. (b) The chairperson or his or her designee 26 shall either accept the commissioner's grant of medical parole, in which 27 case the incarcerated individual may be released by the commissioner, or 28 conduct further review. This decision or review shall be made within 29 five days of the receipt of the relevant records, files, information and 30 documentation from the commissioner. The chairperson's further review 31 may include, but not be limited to, an appearance by the terminally ill 32 incarcerated individual before the chairperson or his or her designee. 33 (c) After this further review, the chairperson shall either accept the 34 commissioner's grant of medical parole, in which case the incarcerated 35 individual may be released by the commissioner, or the chairperson shall 36 schedule an appearance for the terminally ill incarcerated individual 37 before the board of [parole] re-entry. 38 In the event the terminally ill incarcerated individual is scheduled 39 to make an appearance before the board of [parole] re-entry pursuant to 40 this subdivision, the matter shall be heard by a panel that does not 41 include the chairperson or any member of the board of [parole] re-entry 42 who was involved in the review of the commissioner's determination. 43 § 19. Paragraph (b) of subdivision 2 of section 259-s of the executive 44 law, as amended by chapter 322 of the laws of 2021, is amended to read 45 as follows: 46 (b) The commissioner, or the commissioner's designee, shall review the 47 diagnosis and may certify that the incarcerated individual is suffering 48 from such condition, disease or syndrome and that the incarcerated indi- 49 vidual is so debilitated or incapacitated as to create a reasonable 50 probability that he or she is physically or cognitively incapable of 51 presenting any danger to society. If the commissioner does not so certi- 52 fy then the incarcerated individual shall not be referred to the board 53 for consideration for release on medical parole. If the commissioner 54 does so certify, then the commissioner shall, within seven working days 55 of receipt of such diagnosis, refer the incarcerated individual to the 56 board for consideration for release on medical parole. However, no suchA. 9097 9 1 referral of an incarcerated individual to the board of [parole] re-entry 2 shall be made unless the incarcerated individual has been examined by a 3 physician and diagnosed as having a condition, disease or syndrome as 4 previously described herein at some time subsequent to such incarcerated 5 individual's admission to a facility operated by the department. 6 § 20. Section 259-t of the executive law, as added by chapter 487 of 7 the laws of 2021, is amended to read as follows: 8 § 259-t. Permitted activities. Where any person is granted presumptive 9 release, parole, conditional release, release to post-release super- 10 vision or any other type of supervised release, the state board of 11 [parole] re-entry shall not deem a person to be in violation of and the 12 state board of [parole] re-entry shall not terminate such granted 13 presumptive release, parole, conditional release, release to post-re- 14 lease supervision or any other type of supervised release solely because 15 such person engaged in bona fide work for an employer, including travel 16 time to or from bona fide work, during curfew times set by conditions of 17 probation, parole, presumptive release, conditional release or release 18 to post-release supervision. For purposes of this section, bona fide 19 work is work performed as an employee for an employer, as defined in 20 section two of the labor law. 21 § 21. Section 259-t of the executive law, as added by chapter 492 of 22 the laws of 2021, is amended to read as follows: 23 § [259-t] 259-u. Permitted activities. Where any person is granted 24 presumptive release, parole, conditional release, release to post-re- 25 lease supervision or any other type of supervised release, the state 26 board of [parole] re-entry shall not deem a person to be in violation of 27 and the state board of [parole] re-entry shall not terminate such grant- 28 ed presumptive release, parole, conditional release, release to post-re- 29 lease supervision or any other type of supervised release solely because 30 such person participated in work related labor protests, or in a lawful 31 labor dispute, strike or other concerted stoppage of work or slowdown 32 pursuant to article twenty of the labor law or the national labor 33 relations act (29 U.S.C. sections 151 et. seq.). 34 § 22. Subparagraph (iii) of paragraph (c) of subdivision 1 of section 35 632-a of the executive law, as amended by section 100 of subpart B of 36 part C of chapter 62 of the laws of 2011, is amended to read as follows: 37 (iii) is no longer subject to a sentence of probation or conditional 38 discharge or indeterminate, determinate or definite term of imprisonment 39 or period of post-release supervision or term of supervised release, and 40 where within the previous three years: the full or maximum term or peri- 41 od terminated or expired or such person was granted a discharge by the 42 state board of [parole] re-entry or the department of corrections and 43 community supervision pursuant to applicable law, or granted a discharge 44 or termination from probation pursuant to applicable law or granted a 45 discharge or termination under applicable federal or state law, rules or 46 regulations prior to the expiration of such full or maximum term or 47 period; and includes only: (A) those funds paid to such person as a 48 result of any interest, right, right of action, asset, share, claim, 49 recovery or benefit of any kind that the person obtained, or that 50 accrued in favor of such person, prior to the expiration of such 51 sentence, term or period; (B) any recovery or award collected in a 52 lawsuit after expiration of such sentence where the right or cause of 53 action accrued prior to the expiration or service of such sentence; and 54 (C) earned income earned during a period in which such person was not in 55 compliance with the conditions of his or her probation, parole, condi- 56 tional release, period of post-release supervision by the department ofA. 9097 10 1 corrections and community supervision or term of supervised release with 2 the United States probation office or United States parole commission. 3 For purposes of this subparagraph, such period of non-compliance shall 4 be measured, as applicable, from the earliest date of delinquency deter- 5 mined by the department of corrections and community supervision, or 6 from the earliest date on which a declaration of delinquency is filed 7 pursuant to section 410.30 of the criminal procedure law and thereafter 8 sustained, or from the earliest date of delinquency determined in 9 accordance with applicable federal law, rules or regulations, and shall 10 continue until a final determination sustaining the violation has been 11 made by the trial court, the department of corrections and community 12 supervision, or appropriate federal authority. 13 § 23. Subdivision 9 of section 2 of the correction law, as amended by 14 chapter 476 of the laws of 1970, is amended to read as follows: 15 9. "Diagnostic and treatment center". A correctional facility operated 16 for the purpose of providing intensive physical, mental and sociological 17 diagnostic and treatment services including pre-parole diagnostic evalu- 18 ation, where requested by the board of [parole] re-entry, and scientific 19 study of the social and mental aspects of the causes of crime. 20 § 24. Subdivision 1 of section 24 of the correction law, as amended by 21 section 11 of subpart A of part C of chapter 62 of the laws of 2011, is 22 amended to read as follows: 23 1. No civil action shall be brought in any court of the state, except 24 by the attorney general on behalf of the state, against any officer or 25 employee of the department, which for purposes of this section shall 26 include members of the state board of [parole] re-entry, in his or her 27 personal capacity, for damages arising out of any act done or the fail- 28 ure to perform any act within the scope of the employment and in the 29 discharge of the duties by such officer or employee. 30 § 25. Subdivision 2 of section 29 of the correction law, as amended by 31 section 12 of subpart A of part C of chapter 62 of the laws of 2011, is 32 amended to read as follows: 33 2. The commissioner shall make rules as to the privacy of records, 34 statistics and other information collected, obtained and maintained by 35 the department, its institutions or the board of [parole] re-entry and 36 information obtained in an official capacity by officers, employees or 37 members thereof. 38 § 26. Section 71-a of the correction law, as amended by chapter 322 of 39 the laws of 2021, is amended to read as follows: 40 § 71-a. Transitional accountability plan. Upon admission of an incar- 41 cerated individual committed to the custody of the department under an 42 indeterminate or determinate sentence of imprisonment, the department 43 shall develop a transitional accountability plan. Such plan shall be a 44 comprehensive, dynamic and individualized case management plan based on 45 the programming and treatment needs of the incarcerated individual. The 46 purpose of such plan shall be to promote the rehabilitation of the 47 incarcerated individual and their successful and productive reentry and 48 reintegration into society upon release. To that end, such plan shall be 49 used to prioritize programming and treatment services for the incarcer- 50 ated individual during incarceration and any period of community super- 51 vision. The commissioner may consult with the office of mental health, 52 the office of [alcoholism and substance abuse] addiction services and 53 supports, the board of [parole] re-entry, the department of health, and 54 other appropriate agencies in the development of transitional case 55 management plans.A. 9097 11 1 § 27. Subdivisions 6 and 8 of section 73 of the correction law, as 2 amended by chapter 322 of the laws of 2021, is amended to read as 3 follows: 4 6. Where a person who is an incarcerated individual of a residential 5 treatment facility absconds, or fails to return thereto as specified in 6 the program approved for him or her, he or she may be arrested and 7 returned by an officer or employee of the department or by any peace 8 officer, acting pursuant to his or her special duties, or police officer 9 without a warrant; or a member of the board of [parole] re-entry or an 10 officer designated by such board may issue a warrant for the retaking of 11 such person. A warrant issued pursuant to this subdivision shall have 12 the same force and effect, and shall be executed in the same manner, as 13 a warrant issued for violation of community supervision. 14 8. The state board of [parole] re-entry may grant parole to any incar- 15 cerated individual of a residential treatment facility at any time after 16 he or she becomes eligible therefor. Such parole shall be in accordance 17 with provisions of law that would apply if the person were still 18 confined in the facility from which he or she was transferred, except 19 that any personal appearance before the board may be at any place desig- 20 nated by the board. 21 § 28. Subdivision 1 of section 89-e of the correction law, as amended 22 by section 47 of part A of chapter 56 of the laws of 2010, is amended to 23 read as follows: 24 1. The alternate correctional facility review panel is hereby estab- 25 lished and shall consist of the commissioner, the chairman of the state 26 commission of correction, the chairman of the board of [parole] 27 re-entry, the director of the office of probation and correctional 28 alternatives, the commissioner of correction of the city of New York, 29 the president of the New York State Sheriffs' Association Institute, 30 Inc., and the president of the Correctional Association of New York or 31 their designees. The governor shall appoint a chairman and vice-chairman 32 from among the members. 33 § 29. Subdivision 4 of section 112 of the correction law, as amended 34 by chapter 322 of the laws of 2021, is amended to read as follows: 35 4. The commissioner and the chair of the [parole] board of re-entry 36 shall work jointly to develop and implement, as soon as practicable, a 37 risk and needs assessment instrument or instruments, which shall be 38 empirically validated, that would be administered to incarcerated indi- 39 viduals upon reception into a correctional facility, and throughout 40 their incarceration and release to community supervision, to facilitate 41 appropriate programming both during an incarcerated individual's incar- 42 ceration and community supervision, and designed to facilitate the 43 successful integration of incarcerated individuals into the community. 44 § 30. Section 168-m of the correction law, as amended by section 20 of 45 subpart B of part C of chapter 62 of the laws of 2011, is amended to 46 read as follows: 47 § 168-m. Review. Notwithstanding any other provision of law to the 48 contrary, any state or local correctional facility, hospital or institu- 49 tion, district attorney, law enforcement agency, probation department, 50 state board of [parole] re-entry, court or child protective agency shall 51 forward relevant information pertaining to a sex offender to be 52 discharged, paroled, released to post-release supervision or released to 53 the board for review no later than one hundred twenty days prior to the 54 release or discharge and the board shall make recommendations as 55 provided in subdivision six of section one hundred sixty-eight-l of this 56 article within sixty days of receipt of the information. Information mayA. 9097 12 1 include, but may not be limited to all or a portion of the arrest file, 2 prosecutor's file, probation or parole file, child protective file, 3 court file, commitment file, medical file and treatment file pertaining 4 to such person. Such person shall be permitted to submit to the board 5 any information relevant to the review. Upon application of the sex 6 offender or the district attorney, the court shall seal any portion of 7 the board's file pertaining to the sex offender that contains material 8 that is confidential under any state or federal law; provided, however, 9 that in any subsequent proceedings in which the sex offender who is the 10 subject of the sealed record is a party and which requires the board to 11 provide a recommendation to the court pursuant to this article, such 12 sealed record shall be available to the sex offender, the district 13 attorney, the court and the attorney general where the attorney general 14 is a party, or represents a party, in the proceeding. 15 § 31. Subdivision 1 of section 201 of the correction law, as added by 16 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 17 amended to read as follows: 18 1. The department shall have responsibility for the preparation of 19 reports and other data required by the state board of [parole] re-entry 20 in the exercise of its independent decision making functions. 21 § 32. Subdivision 5 of section 205 of the correction law, as added by 22 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 23 amended to read as follows: 24 5. The commissioner, in consultation with the chairman of the board of 25 [parole] re-entry, shall promulgate rules and regulations governing the 26 issuance of merit terminations of sentence and discharges from presump- 27 tive release, parole, conditional release or post-release supervision to 28 assure that such terminations and discharges are consistent with public 29 safety. The board of [parole] re-entry shall have access to merit termi- 30 nation application case files and corresponding decisions to assess the 31 effectiveness of the rules and regulations in ensuring public safety. 32 Such review will in no manner effect the decisions made with regard to 33 individual merit termination determinations. 34 § 33. Subdivision 1 of section 206 of the correction law, as added by 35 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 36 amended to read as follows: 37 1. All requests for presumptive release or conditional release shall 38 be made in writing on forms prescribed and furnished by the department. 39 Within one month from the date any such application is received, if it 40 appears that the applicant is eligible for presumptive release or condi- 41 tional release or will be eligible for such release during such month, 42 the conditions of release shall be fixed in accordance with rules 43 prescribed by the board of [parole] re-entry. Such conditions shall be 44 substantially the same as conditions imposed upon parolees. 45 § 34. Section 207 of the correction law, as amended by chapter 322 of 46 the laws of 2021, is amended to read as follows: 47 § 207. Cooperation. It shall be the duty of the commissioner of 48 corrections and community supervision to insure that all officers and 49 employees of the department shall at all times cooperate with the board 50 of [parole] re-entry and shall furnish to such members and employees of 51 the board of [parole] re-entry such information as may be appropriate to 52 enable them to perform their independent decision making functions. It 53 is also his or her duty to ensure that the functions of the board of 54 [parole] re-entry are not hampered in any way, including but not limited 55 to: a restriction of resources including staff assistance; limited 56 access to vital information; and presentation of incarcerated individualA. 9097 13 1 information in a manner that may inappropriately influence the board in 2 its decision making. 3 § 35. Section 405 of the correction law, as amended by chapter 766 of 4 the laws of 1976, is amended to read as follows: 5 § 405. Duty of the department to the director of a hospital. The 6 department shall notify the director of a hospital in advance of hear- 7 ings to be held at such hospital as may be necessary to carry out the 8 duties of the board of [parole] re-entry or the department. The depart- 9 ment shall assist the department of mental hygiene in establishing or 10 continuing the operation of grievance procedures at such hospital. Where 11 the subject matter of the grievance primarily involves a policy or prac- 12 tice of the department of mental hygiene, the commissioner shall trans- 13 fer the review of the grievance to the commissioner of mental hygiene 14 for resolution pursuant to subdivision three of section one hundred 15 thirty-nine of [the correction law] this chapter. 16 § 36. Section 705 of the correction law, as amended by section 36 of 17 subpart B of part C of chapter 62 of the laws of 2011, is amended to 18 read as follows: 19 § 705. Forms and filing. 1. All applications, certificates and orders 20 of revocation necessary for the purposes of this article shall be upon 21 forms prescribed pursuant to agreement among the state commissioner of 22 corrections and community supervision, the [chairman] chairperson of the 23 state board of [parole] re-entry and the administrator of the state 24 judicial conference. Such forms relating to certificates of relief from 25 disabilities shall be distributed by the office of probation and correc- 26 tional alternatives and forms relating to certificates of good conduct 27 shall be distributed by the commissioner of the department of 28 corrections and community supervision. 29 2. Any court or department issuing or revoking any certificate pursu- 30 ant to this article shall immediately file a copy of the certificate, or 31 of the order of revocation, with the New York state identification and 32 intelligence system. 33 § 37. Section 805 of the correction law, as amended by section 226 of 34 chapter 322 of the laws of 2021, is amended to read as follows: 35 § 805. Earned eligibility program. Persons committed to the custody of 36 the department under an indeterminate or determinate sentence of impri- 37 sonment shall be assigned a work and treatment program as soon as prac- 38 ticable. No earlier than two months prior to the incarcerated individ- 39 ual's eligibility to be paroled pursuant to subdivision one of section 40 70.40 of the penal law, the commissioner shall review the incarcerated 41 individual's institutional record to determine whether he or she has 42 complied with the assigned program. If the commissioner determines that 43 the incarcerated individual has successfully participated in the program 44 he or she may issue the incarcerated individual a certificate of earned 45 eligibility. Notwithstanding any other provision of law, an incarcerated 46 individual who is serving a sentence with a minimum term of not more 47 than eight years and who has been issued a certificate of earned eligi- 48 bility, shall be granted parole release at the expiration of his or her 49 minimum term or as authorized by subdivision four of section eight 50 hundred sixty-seven of this chapter unless the board of [parole] re-en- 51 try determines that there is a reasonable probability that, if such 52 incarcerated individual is released, he or she will not live and remain 53 at liberty without violating the law and that his or her release is not 54 compatible with the welfare of society. Any action by the commissioner 55 pursuant to this section shall be deemed a judicial function and shall 56 not be reviewable if done in accordance with law.A. 9097 14 1 § 37-a. Section 805 of the correction law, as amended by section 226-a 2 of chapter 322 of the laws of 2021, is amended to read as follows: 3 § 805. Earned eligibility program. Persons committed to the custody of 4 the department under an indeterminate sentence of imprisonment shall be 5 assigned a work and treatment program as soon as practicable. No earlier 6 than two months prior to the expiration of an incarcerated individual's 7 minimum period of imprisonment, the commissioner shall review the incar- 8 cerated individual's institutional record to determine whether he or she 9 has complied with the assigned program. If the commissioner determines 10 that the incarcerated individual has successfully participated in the 11 program he or she may issue the incarcerated individual a certificate of 12 earned eligibility. Notwithstanding any other provision of law, an 13 incarcerated individual who is serving a sentence with a minimum term of 14 not more than six years and who has been issued a certificate of earned 15 eligibility, shall be granted parole release at the expiration of his or 16 her minimum term or as authorized by subdivision four of section eight 17 hundred sixty-seven of this chapter unless the board of [parole] re-en- 18 try determines that there is a reasonable probability that, if such 19 incarcerated individual is released, he or she will not live and remain 20 at liberty without violating the law and that his or her release is not 21 compatible with the welfare of society. Any action by the commissioner 22 pursuant to this section shall be deemed a judicial function and shall 23 not be reviewable if done in accordance with law. 24 § 38. The opening paragraph of subdivision 2 of section 851 of the 25 correction law, as amended by section 228 of chapter 322 of the laws of 26 2021, is amended to read as follows: 27 "Eligible incarcerated individual" means: a person confined in an 28 institution who is eligible for release on parole or who will become 29 eligible for release on parole or conditional release within two years. 30 Provided, however, that a person under sentence for an offense defined 31 in paragraphs (a) and (b) of subdivision one of section 70.02 of the 32 penal law, where such offense involved the use or threatened use of a 33 deadly weapon or dangerous instrument shall not be eligible to partic- 34 ipate in a work release program until he or she is eligible for release 35 on parole or who will be eligible for release on parole or conditional 36 release within eighteen months. Provided, further, however, that a 37 person under a determinate sentence as a second felony drug offender for 38 a class B felony offense defined in article two hundred twenty of the 39 penal law, who was sentenced pursuant to section 70.70 of such law, 40 shall not be eligible to participate in a temporary release program 41 until the time served under imprisonment for his or her determinate 42 sentence, including any jail time credited pursuant to the provisions of 43 article seventy of the penal law, shall be at least eighteen months. In 44 the case of a person serving an indeterminate sentence of imprisonment 45 imposed pursuant to the penal law in effect after September one, nine- 46 teen hundred sixty-seven, for the purposes of this article parole eligi- 47 bility shall be upon the expiration of the minimum period of imprison- 48 ment fixed by the court or where the court has not fixed any period, 49 after service of the minimum period fixed by the state board of [parole] 50 re-entry. If an incarcerated individual is denied release on parole, 51 such incarcerated individual shall not be deemed an eligible incarcerat- 52 ed individual until he or she is within two years of his or her next 53 scheduled appearance before the state [parole] re-entry board. In any 54 case where an incarcerated individual is denied release on parole while 55 participating in a temporary release program, the department shall 56 review the status of the incarcerated individual to determine if contin-A. 9097 15 1 ued placement in the program is appropriate. No person convicted of any 2 escape or absconding offense defined in article two hundred five of the 3 penal law shall be eligible for temporary release. Further, no person 4 under sentence for aggravated harassment of an employee by an incarcer- 5 ated individual as defined in section 240.32 of the penal law for, any 6 homicide offense defined in article one hundred twenty-five of the penal 7 law, for any sex offense defined in article one hundred thirty of the 8 penal law, or for an offense defined in section 255.25, 255.26 or 255.27 9 of the penal law shall be eligible to participate in a work release 10 program as defined in subdivision three of this section. Nor shall any 11 person under sentence for any sex offense defined in article one hundred 12 thirty of the penal law be eligible to participate in a community 13 services program as defined in subdivision five of this section. 14 Notwithstanding the foregoing, no person who is an otherwise eligible 15 incarcerated individual who is under sentence for a crime involving: (a) 16 infliction of serious physical injury upon another as defined in the 17 penal law or (b) any other offense involving the use or threatened use 18 of a deadly weapon may participate in a temporary release program with- 19 out the written approval of the commissioner. The commissioner shall 20 promulgate regulations giving direction to the temporary release commit- 21 tee at each institution in order to aid such committees in carrying out 22 this mandate. 23 § 38-a. The opening paragraph of subdivision 2 of section 851 of the 24 correction law, as amended by section 228-b of chapter 322 of the laws 25 of 2021, is amended to read as follows: 26 "Eligible incarcerated individual" means: a person confined in an 27 institution who is eligible for release on parole or who will become 28 eligible for release on parole or conditional release within two years. 29 Provided, that a person under a determinate sentence as a second felony 30 drug offender for a class B felony offense defined in article two 31 hundred twenty of the penal law, who was sentenced pursuant to section 32 70.70 of such law, shall not be eligible to participate in a temporary 33 release program until the time served under imprisonment for his or her 34 determinate sentence, including any jail time credited pursuant to the 35 provisions of article seventy of the penal law, shall be at least eigh- 36 teen months. In the case of a person serving an indeterminate sentence 37 of imprisonment imposed pursuant to the penal law in effect after 38 September one, nineteen hundred sixty-seven, for the purposes of this 39 article parole eligibility shall be upon the expiration of the minimum 40 period of imprisonment fixed by the court or where the court has not 41 fixed any period, after service of the minimum period fixed by the state 42 board of [parole] re-entry. If an incarcerated individual is denied 43 release on parole, such incarcerated individual shall not be deemed an 44 eligible incarcerated individual until he or she is within two years of 45 his or her next scheduled appearance before the state [parole] re-entry 46 board. In any case where an incarcerated individual is denied release on 47 parole while participating in a temporary release program, the depart- 48 ment shall review the status of the incarcerated individual to determine 49 if continued placement in the program is appropriate. No person 50 convicted of any escape or absconding offense defined in article two 51 hundred five of the penal law shall be eligible for temporary release. 52 Nor shall any person under sentence for any sex offense defined in arti- 53 cle one hundred thirty of the penal law be eligible to participate in a 54 community services program as defined in subdivision five of this 55 section. Notwithstanding the foregoing, no person who is an otherwise 56 eligible incarcerated individual who is under sentence for a crimeA. 9097 16 1 involving: (a) infliction of serious physical injury upon another as 2 defined in the penal law, (b) a sex offense involving forcible compul- 3 sion, or (c) any other offense involving the use or threatened use of a 4 deadly weapon may participate in a temporary release program without the 5 written approval of the commissioner. The commissioner shall promulgate 6 regulations giving direction to the temporary release committee at each 7 institution in order to aid such committees in carrying out this 8 mandate. 9 § 39. Subdivision 1 of section 852 of the correction law, as added by 10 chapter 472 of the laws of 1969, is amended to read as follows: 11 1. The commissioner of correction shall designate one or more insti- 12 tutions for the conduct of work release programs. Upon such designation 13 the commissioner, with the approval of the [chairman] chairperson of the 14 board of [parole] re-entry, shall promulgate rules and regulations 15 consistent with the provisions of this article for the administration of 16 work release programs at any institution designated, and shall appoint 17 or cause to be appointed a work release committee for such institution. 18 § 40. Subdivision 6 of section 855 of the correction law, as amended 19 by section 231-a of chapter 322 of the laws of 2021, is amended to read 20 as follows: 21 6. Participation in a work release program shall be a privilege. Noth- 22 ing contained in this article may be construed to confer upon any incar- 23 cerated individual the right to participate, or to continue to partic- 24 ipate, in a work release program. The warden of the institution may at 25 any time, and upon recommendation of the work release committee or of 26 the [chairman] chairperson of the state board of [parole] re-entry or 27 his or her designee shall, revoke any incarcerated individual's privi- 28 lege to participate in a program of work release. 29 § 41. Subdivision 9 of section 855 of the correction law, as amended 30 by section 231 of chapter 322 of the laws of 2021, is amended to read as 31 follows: 32 9. Participation in a temporary release program shall be a privilege. 33 Nothing contained in this article may be construed to confer upon any 34 incarcerated individual the right to participate, or to continue to 35 participate, in a temporary release program. The superintendent of the 36 institution may at any time, and upon recommendation of the temporary 37 release committee or of the commissioner or of the [chairman] chair- 38 person of the state board of [parole] re-entry or his or her designee 39 shall, revoke any incarcerated individual's privilege to participate in 40 a program of temporary release in accordance with regulations promulgat- 41 ed by the commissioner. 42 § 42. Subdivisions 2 and 5 of section 856 of the correction law, as 43 amended by section 232 of chapter 322 of the laws of 2021, are amended 44 to read as follows: 45 2. If the incarcerated individual violates any provision of the 46 program, or any rule or regulation promulgated by the commissioner for 47 conduct of incarcerated individuals participating in temporary release 48 programs, such incarcerated individual shall be subject to disciplinary 49 measures to the same extent as if he or she violated a rule or regu- 50 lation of the commissioner for conduct of incarcerated individuals with- 51 in the premises of the institution. The failure of an incarcerated indi- 52 vidual to voluntarily return to the institution of his or her 53 confinement more than ten hours after his or her prescribed time of 54 return shall create a rebuttable presumption that the failure to return 55 was intentional. Any incarcerated individual who is found to have inten- 56 tionally failed to return pursuant to this subdivision shall be anA. 9097 17 1 absconder in violation of his or her temporary release program and will 2 not be an eligible incarcerated individual as defined in subdivision two 3 of section eight hundred fifty-one of this [chapter] article. The 4 creation of such rebuttable presumption shall not be admissible in any 5 court of law as evidence of the commission of any crime defined in the 6 penal law. A full report of any such violation, a summary of the facts 7 and findings of the disciplinary hearing and disciplinary measures 8 taken, shall be made available to the board for the incarcerated indi- 9 vidual's next scheduled appearance before the state board of [parole] 10 re-entry including any defense or explanation offered by the incarcerat- 11 ed individual in response at such hearing. 12 5. Upon the conclusion or termination of a temporary release program, 13 a full report of the incarcerated individual's performance in such 14 program shall be prepared in accordance with regulations of the commis- 15 sioner. Such report shall include but not be limited to: adjustment to 16 release, supervision contacts, statement of any violations of the terms 17 and conditions of release and of any disciplinary actions taken, and an 18 assessment of the incarcerated individual's suitability for parole. Such 19 report shall be made available to the state board of [parole] re-entry 20 for the incarcerated individual's next scheduled appearance before such 21 board. 22 § 43. Paragraph (d) of subdivision 1 of section 160.50 of the criminal 23 procedure law, as amended by chapter 449 of the laws of 2015, is amended 24 to read as follows: 25 (d) such records shall be made available to the person accused or to 26 such person's designated agent, and shall be made available to (i) a 27 prosecutor in any proceeding in which the accused has moved for an order 28 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law 29 enforcement agency upon ex parte motion in any superior court, or in any 30 district court, city court or the criminal court of the city of New York 31 provided that such court sealed the record, if such agency demonstrates 32 to the satisfaction of the court that justice requires that such records 33 be made available to it, or (iii) any state or local officer or agency 34 with responsibility for the issuance of licenses to possess guns, when 35 the accused has made application for such a license, or (iv) the New 36 York state department of corrections and community supervision when the 37 accused is on parole supervision as a result of conditional release or a 38 parole release granted by the New York state board of [parole] re-entry, 39 and the arrest which is the subject of the inquiry is one which occurred 40 while the accused was under such supervision, or (v) any prospective 41 employer of a police officer or peace officer as those terms are defined 42 in subdivisions thirty-three and thirty-four of section 1.20 of this 43 chapter, in relation to an application for employment as a police offi- 44 cer or peace officer; provided, however, that every person who is an 45 applicant for the position of police officer or peace officer shall be 46 furnished with a copy of all records obtained under this paragraph and 47 afforded an opportunity to make an explanation thereto, or (vi) the 48 probation department responsible for supervision of the accused when the 49 arrest which is the subject of the inquiry is one which occurred while 50 the accused was under such supervision; and 51 § 44. Paragraph (d) of subdivision 1 of section 160.55 of the criminal 52 procedure law, as amended by chapter 449 of the laws of 2015, is amended 53 to read as follows: 54 (d) the records referred to in paragraph (c) of this subdivision shall 55 be made available to the person accused or to such person's designated 56 agent, and shall be made available to (i) a prosecutor in any proceedingA. 9097 18 1 in which the accused has moved for an order pursuant to section 170.56 2 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex 3 parte motion in any superior court, or in any district court, city court 4 or the criminal court of the city of New York provided that such court 5 sealed the record, if such agency demonstrates to the satisfaction of 6 the court that justice requires that such records be made available to 7 it, or (iii) any state or local officer or agency with responsibility 8 for the issuance of licenses to possess guns, when the accused has made 9 application for such a license, or (iv) the New York state department of 10 corrections and community supervision when the accused is under parole 11 supervision as a result of conditional release or parole release granted 12 by the New York state board of [parole] re-entry and the arrest which is 13 the subject of the inquiry is one which occurred while the accused was 14 under such supervision, or (v) the probation department responsible for 15 supervision of the accused when the arrest which is the subject of the 16 inquiry is one which occurred while the accused was under such super- 17 vision, or (vi) a police agency, probation department, sheriff's office, 18 district attorney's office, department of correction of any municipality 19 and parole department, for law enforcement purposes, upon arrest in 20 instances in which the individual stands convicted of harassment in the 21 second degree, as defined in section 240.26 of the penal law, committed 22 against a member of the same family or household as the defendant, as 23 defined in subdivision one of section 530.11 of this chapter, and deter- 24 mined pursuant to subdivision eight-a of section 170.10 of this title; 25 and 26 § 45. Paragraph (a) of subdivision 2 of section 390.50 of the criminal 27 procedure law, as amended by chapter 31 of the laws of 2019, is amended 28 to read as follows: 29 (a) Not less than one court day prior to sentencing, unless such time 30 requirement is waived by the parties, the pre-sentence report or memo- 31 randum shall be made available by the court for examination and for 32 copying by the defendant's attorney, the defendant himself or herself, 33 if he or she has no attorney, and the prosecutor. In its discretion, the 34 court may except from disclosure a part or parts of the report or memo- 35 randa which are not relevant to a proper sentence, or a diagnostic opin- 36 ion which might seriously disrupt a program of rehabilitation, or sourc- 37 es of information which have been obtained on a promise of 38 confidentiality, or any other portion thereof, disclosure of which would 39 not be in the interest of justice. In all cases where a part or parts of 40 the report or memoranda are not disclosed, the court shall state for the 41 record that a part or parts of the report or memoranda have been 42 excepted and the reasons for its action. The action of the court except- 43 ing information from disclosure shall be subject to appellate review. 44 The pre-sentence report shall be made available by the court for exam- 45 ination and copying in connection with any appeal in the case, including 46 an appeal under this subdivision. Upon written request, the court shall 47 make a copy of the presentence report, other than a part or parts of the 48 report redacted by the court pursuant to this paragraph, available to 49 the defendant for use before the [parole] board of re-entry for release 50 consideration or an appeal of a [parole] board of re-entry determination 51 or an application for resentencing pursuant to section 440.46 or 440.47 52 of this chapter. In his or her written request to the court the defend- 53 ant shall affirm that he or she anticipates an appearance before the 54 [parole] board of re-entry or intends to file an administrative appeal 55 of a [parole] board of re-entry determination or meets the eligibility 56 criteria for and intends to file a motion for resentencing pursuant toA. 9097 19 1 440.46 of this chapter or has received notification from the court which 2 received his or her request to apply for resentencing pursuant to 3 section 440.47 of this chapter confirming that he or she is eligible to 4 submit an application for resentencing pursuant to section 440.47 of 5 this chapter. The court shall respond to the defendant's written request 6 within twenty days from receipt of the defendant's written request. 7 § 46. Subdivision 6 of section 410.91 of the criminal procedure law, 8 as amended by section 76 of subpart B of part C of chapter 62 of the 9 laws of 2011, is amended to read as follows: 10 6. Upon delivery of the defendant to the reception center, he or she 11 shall be given a copy of the conditions of parole by a representative of 12 the department of corrections and community supervision and shall 13 acknowledge receipt of a copy of the conditions in writing. The condi- 14 tions shall be established in accordance with article twelve-B of the 15 executive law and the rules and regulations of the board of [parole] 16 re-entry. Thereafter and while the parolee is participating in the 17 intensive drug treatment program provided at the drug treatment campus, 18 the department of corrections and community supervision shall assess the 19 parolee's special needs and shall develop an intensive program of parole 20 supervision that will address the parolee's substance abuse history and 21 which shall include periodic urinalysis testing. Unless inappropriate, 22 such program shall include the provision of treatment services by a 23 community-based substance abuse service provider which has a contract 24 with the department of corrections and community supervision. 25 § 47. Paragraph (a) of subdivision 5 of section 430.20 of the criminal 26 procedure law, as amended by chapter 788 of the laws of 1971, is amended 27 to read as follows: 28 (a) If the sentence also includes a term of imprisonment, commitment 29 must be to the same institution as is designated for service of the term 30 of imprisonment, and the period of commitment commences (i) when the 31 term of imprisonment is satisfied, or (ii) with the approval of the 32 state board of [parole] re-entry, when the defendant becomes eligible 33 for parole, or (iii) when the defendant becomes eligible for conditional 34 release, whichever occurs first; provided, however, that the court may 35 direct that the period of imprisonment for the fine run concurrently 36 with the term of imprisonment; and 37 § 48. Subdivision 1 of section 440.50 of the criminal procedure law, 38 as amended by chapter 322 of the laws of 2021, is amended to read as 39 follows: 40 1. Upon the request of a victim of a crime, or in any event in all 41 cases in which the final disposition includes a conviction of a violent 42 felony offense as defined in section 70.02 of the penal law, a felony 43 defined in article one hundred twenty-five of such law, or a felony 44 defined in article one hundred thirty of such law, the district attorney 45 shall, within sixty days of the final disposition of the case, inform 46 the victim by letter of such final disposition. If such final disposi- 47 tion results in the commitment of the defendant to the custody of the 48 department of corrections and community supervision for an indeterminate 49 sentence, the notice provided to the crime victim shall also inform the 50 victim of his or her right to submit a written, audiotaped, or vide- 51 otaped victim impact statement to the department of corrections and 52 community supervision or to meet personally with a member of the state 53 board of [parole] re-entry at a time and place separate from the 54 personal interview between a member or members of the board and the 55 incarcerated individual and make such a statement, subject to procedures 56 and limitations contained in rules of the board, both pursuant to subdi-A. 9097 20 1 vision two of section two hundred fifty-nine-i of the executive law. A 2 copy of such letter shall be provided to the board of [parole] re-entry. 3 The right of the victim under this subdivision to submit a written 4 victim impact statement or to meet personally with a member of the state 5 board of [parole] re-entry applies to each personal interview between a 6 member or members of the board and the incarcerated individual. 7 § 49. Subdivision 5 of section 190 of the judiciary law, as added by 8 chapter 477 of the laws of 1988, is amended to read as follows: 9 5. Notwithstanding any other provision of law to the contrary, any 10 proceeding which the supreme court has jurisdiction to entertain to 11 review the actions or determinations of the state board of [parole] 12 re-entry. 13 § 50. Paragraph 1 of subdivision (d) of section 10.11 of the mental 14 hygiene law, as amended by section 118-e of subpart B of part C of chap- 15 ter 62 of the laws of 2011, is amended to read as follows: 16 (1) A person's regimen of strict and intensive supervision and treat- 17 ment may be revoked if such a person violates a condition of strict and 18 intensive supervision. If a parole officer has reasonable cause to 19 believe that the person has violated a condition of the regimen of 20 strict and intensive supervision and treatment or, if there is an oral 21 or written evaluation or report by a treating professional indicating 22 that the person may be a dangerous sex offender requiring confinement, a 23 parole officer authorized in the same manner as provided in subparagraph 24 (i) of paragraph (a) of subdivision three of section two hundred fifty- 25 nine-i of the executive law may take the person into custody and trans- 26 port the person for lodging in a secure treatment facility or a local 27 correctional facility for an evaluation by a psychiatric examiner, which 28 evaluation shall be conducted within five days. A parole officer may 29 take the person, under custody, to a psychiatric center for prompt eval- 30 uation, and at the end of the examination, return the person to the 31 place of lodging. A parole officer, as authorized by this paragraph, may 32 direct a peace officer, acting pursuant to his or her special duties, or 33 a police officer who is a member of an authorized police department or 34 force or of a sheriff's department, to take the person into custody and 35 transport the person as provided in this paragraph. It shall be the duty 36 of such peace officer or police officer to take into custody and trans- 37 port any such person upon receiving such direction. The department of 38 corrections and community supervision shall promptly notify the attorney 39 general and the mental hygiene legal service, when a person is taken 40 into custody pursuant to this paragraph. No provision of this section 41 shall preclude the board of [parole] re-entry from proceeding with a 42 revocation hearing as authorized by subdivision three of section two 43 hundred fifty-nine-i of the executive law. 44 § 51. Subdivision 2 of section 579 of the public health law, as 45 amended by chapter 322 of the laws of 2021, is amended to read as 46 follows: 47 2. This title shall not be applicable to and the department shall not 48 have the power to regulate pursuant to this title: (a) any examination 49 performed by a state or local government of materials derived from the 50 human body for use in criminal identification or as evidence in a crimi- 51 nal proceeding or for investigative purposes; (b) any test conducted 52 pursuant to paragraph (c) of subdivision four of section eleven hundred 53 ninety-four of the vehicle and traffic law and paragraph (c) of subdivi- 54 sion eight of section 25.24 of the parks, recreation and historic pres- 55 ervation law; (c) any examination performed by a state or local agency 56 of materials derived from the body of an incarcerated individual,A. 9097 21 1 pretrial releasee, parolee, conditional releasee or probationer to (i) 2 determine, measure or otherwise describe the presence or absence of any 3 substance whose possession, ingestion or use is prohibited by law, the 4 rules of the department of corrections and community supervision, the 5 conditions of release established by the board of [parole] re-entry, the 6 conditions of release established by a court or a local conditional 7 release commission or the conditions of any program to which such indi- 8 viduals are referred and (ii) to determine whether there has been a 9 violation thereof; or (d) any examination performed by a coroner or 10 medical examiner for the medical-legal investigation of a death. Nothing 11 herein shall prevent the department from consulting with the division of 12 criminal justice services, the department of corrections and community 13 supervision, the state police, or any other state agency or commission, 14 at the request of the division of criminal justice services, the depart- 15 ment of corrections and community supervision, the state police, or such 16 other agency or commission, concerning examination of materials for 17 purposes other than public health. 18 § 52. The opening paragraph of subdivision 3 of section 70.30 of the 19 penal law, as amended by chapter 1 of the laws of 1998, is amended to 20 read as follows: 21 The term of a definite sentence, a determinate sentence, or the maxi- 22 mum term of an indeterminate sentence imposed on a person shall be cred- 23 ited with and diminished by the amount of time the person spent in 24 custody prior to the commencement of such sentence as a result of the 25 charge that culminated in the sentence. In the case of an indeterminate 26 sentence, if the minimum period of imprisonment has been fixed by the 27 court or by the board of [parole] re-entry, the credit shall also be 28 applied against the minimum period. The credit herein provided shall be 29 calculated from the date custody under the charge commenced to the date 30 the sentence commences and shall not include any time that is credited 31 against the term or maximum term of any previously imposed sentence or 32 period of post-release supervision to which the person is subject. Where 33 the charge or charges culminate in more than one sentence, the credit 34 shall be applied as follows: 35 § 52-a. The opening paragraph of subdivision 3 of section 70.30 of the 36 penal law, as separately amended by chapter 648 of the laws of 1979 and 37 chapter 1 of the laws of 1998, is amended to read as follows: 38 The term of a definite sentence or the maximum term of an indetermi- 39 nate sentence imposed on a person shall be credited with and diminished 40 by the amount of time the person spent in custody prior to the commence- 41 ment of such sentence as a result of the charge that culminated in the 42 sentence. In the case of an indeterminate sentence, if the minimum peri- 43 od of imprisonment has been fixed by the court or by the board of 44 [parole] re-entry, the credit shall also be applied against the minimum 45 period. The credit herein provided shall be calculated from the date 46 custody under the charge commenced to the date the sentence commences 47 and shall not include any time that is credited against the term or 48 maximum term of any previously imposed sentence or period of post-re- 49 lease supervision to which the person is subject. Where the charge or 50 charges culminate in more than one sentence, the credit shall be applied 51 as follows: 52 § 53. The opening paragraph of paragraph (a), paragraph (b) and para- 53 graph (c) of subdivision 1, and subdivisions 2 and 3 of section 70.40 of 54 the penal law, the opening paragraph of paragraph (a) as amended by 55 section 127-c, paragraph (b) as amended by section 127-d-1 and paragraph 56 (c) as amended by section 127-f of subpart B of part C of chapter 62 ofA. 9097 22 1 the laws of 2011, subdivision 2 as amended by section 127-g of subpart B 2 of part C of chapter 62 of the laws of 2011, and subdivision 3 as 3 amended by chapter 427 of the laws of 2021, are amended to read as 4 follows: 5 Release on parole shall be in the discretion of the state board of 6 [parole] re-entry, and such person shall continue service of his or her 7 sentence or sentences while on parole, in accordance with and subject to 8 the provisions of the executive law and the correction law. 9 (b) A person who is serving one or more than one indeterminate or 10 determinate sentence of imprisonment shall, if he or she so requests, be 11 conditionally released from the institution in which he or she is 12 confined when the total good behavior time allowed to him or her, pursu- 13 ant to the provisions of the correction law, is equal to the unserved 14 portion of his or her term, maximum term or aggregate maximum term; 15 provided, however, that (i) in no event shall a person serving one or 16 more indeterminate sentence of imprisonment and one or more determinate 17 sentence of imprisonment which run concurrently be conditionally 18 released until serving at least six-sevenths of the determinate term of 19 imprisonment which has the longest unexpired time to run and (ii) in no 20 event shall a person be conditionally released prior to the date on 21 which such person is first eligible for discretionary parole release. 22 The conditions of release, including those governing post-release super- 23 vision, shall be such as may be imposed by the state board of [parole] 24 re-entry in accordance with the provisions of the executive law. 25 Every person so released shall be under the supervision of the state 26 department of corrections and community supervision for a period equal 27 to the unserved portion of the term, maximum term, aggregate maximum 28 term, or period of post-release supervision. 29 (c) A person who is serving one or more than one indeterminate 30 sentence of imprisonment shall, if he or she so requests, be released 31 from the institution in which he or she is confined if granted presump- 32 tive release pursuant to section eight hundred six of the correction 33 law. The conditions of release shall be such as may be imposed by the 34 state board of [parole] re-entry in accordance with the provisions of 35 the executive law. Every person so released shall be under the super- 36 vision of the department of corrections and community supervision for a 37 period equal to the unserved portion of his or her maximum or aggregate 38 maximum term unless discharged in accordance with law. 39 2. Definite sentence. A person who is serving one or more than one 40 definite sentence of imprisonment with a term or aggregate term in 41 excess of ninety days, and is eligible for release according to the 42 criteria set forth in paragraphs (a), (b) and (c) of subdivision one of 43 section two hundred seventy-three of the correction law, may, if he or 44 she so requests, be conditionally released from the institution in which 45 he or she is confined at any time after service of sixty days of that 46 term, exclusive of credits allowed under subdivisions four and six of 47 section 70.30 of this article. In computing service of sixty days, the 48 credit allowed for jail time under subdivision three of section 70.30 of 49 this article shall be calculated as time served. Conditional release 50 from such institution shall be in the discretion of the [parole] board 51 of re-entry, or a local conditional release commission established 52 pursuant to article twelve of the correction law, provided, however that 53 where such release is by a local conditional release commission, the 54 person must be serving a definite sentence with a term in excess of one 55 hundred twenty days and may only be released after service of ninety 56 days of such term. In computing service of ninety days, the creditA. 9097 23 1 allowed for jail time under subdivision three of section 70.30 of this 2 article shall be calculated as time served. A conditional release grant- 3 ed under this subdivision shall be upon such conditions as may be 4 imposed by the [parole] board of re-entry, in accordance with the 5 provisions of the executive law, or a local conditional release commis- 6 sion in accordance with the provisions of the correction law. 7 Conditional release shall interrupt service of the sentence or 8 sentences and the remaining portion of the term or aggregate term shall 9 be held in abeyance. Every person so released shall be under the super- 10 vision of the department of corrections and community supervision or a 11 local probation department and in the custody of the local conditional 12 release commission in accordance with article twelve of the correction 13 law, for a period of one year. The local probation department shall 14 cause complete records to be kept of every person released to its super- 15 vision pursuant to this subdivision. The department of corrections and 16 community supervision may supply to a local probation department and the 17 local conditional release commission custody information and records 18 maintained on persons under the supervision of such local probation 19 department to aid in the performance of its supervision responsibil- 20 ities. Compliance with the conditions of release during the period of 21 supervision shall satisfy the portion of the term or aggregate term that 22 has been held in abeyance. 23 3. Delinquency. (a) When a person is alleged to have violated the 24 terms of presumptive release or parole by absconding, and the state 25 board of [parole] re-entry has declared such person to be delinquent, 26 the declaration of delinquency shall interrupt the person's sentence as 27 of the date of the delinquency and such interruption shall continue 28 until the releasee's appearance in response to a notice of violation or 29 the date of the execution of a warrant, whichever is earlier. 30 (b) When a person is alleged to have violated the terms of his or her 31 conditional release or post-release supervision by absconding and has 32 been declared delinquent by the [parole] board of re-entry or the local 33 conditional release commission having supervision over such person, the 34 declaration of delinquency shall interrupt the period of supervision or 35 post-release supervision as of the date of the delinquency. For a condi- 36 tional release, such interruption shall continue until the releasee's 37 appearance in response to a notice of violation or the date of the 38 execution of a warrant, whichever is earlier. For a person released to 39 post-release supervision, the provisions of section 70.45 of this arti- 40 cle shall apply. 41 (c) Any time spent by a person in custody from the time of execution 42 of a warrant pursuant to paragraph (a) of subdivision three of section 43 two hundred fifty-nine-i of the executive law to the time service of the 44 sentence resumes shall be credited against the term or maximum term of 45 the interrupted sentence. 46 § 53-a. Subparagraph (i) of paragraph (a) and paragraph (b) of subdi- 47 vision 1 of section 70.40 of the penal law, subparagraph (i) of para- 48 graph (a) as amended by section 127-d and paragraph (b) as amended by 49 section 127-e of subpart B of part C of chapter 62 of the laws of 2011, 50 are amended to read as follows: 51 (i) A person who is serving one or more than one indeterminate 52 sentence of imprisonment may be paroled from the institution in which he 53 or she is confined at any time after the expiration of the minimum or 54 the aggregate minimum period of imprisonment of the sentence or 55 sentences or after the successful completion of a shock incarceration 56 program, as defined in article twenty-six-A of the correction law,A. 9097 24 1 whichever is sooner. Release on parole shall be in the discretion of the 2 state board of [parole] re-entry, and such person shall continue service 3 of his or her sentence or sentences while on parole, in accordance with 4 and subject to the provisions of the executive law and the correction 5 law. 6 (b) A person who is serving one or more than one indeterminate 7 sentence of imprisonment shall, if he or she so requests, be condi- 8 tionally released from the institution in which he or she is confined 9 when the total good behavior time allowed to him or her, pursuant to the 10 provisions of the correction law, is equal to the unserved portion of 11 his or her maximum or aggregate maximum term. The conditions of release, 12 including those governing post-release supervision, shall be such as may 13 be imposed by the state board of [parole] re-entry in accordance with 14 the provisions of the executive law. 15 Every person so released shall be under the supervision of the depart- 16 ment of corrections and community supervision for a period equal to the 17 unserved portion of the maximum, aggregate maximum term, or period of 18 post-release supervision. 19 § 54. Subdivisions 1-a and 3 of section 70.45 of the penal law, subdi- 20 vision 1-a as added by chapter 7 of the laws of 2007 and subdivision 3 21 as added by chapter 1 of the laws of 1998, are amended to read as 22 follows: 23 1-a. When, following a final hearing, a time assessment has been 24 imposed upon a person convicted of a felony sex offense who owes three 25 years or more on a period of post-release supervision, imposed pursuant 26 to subdivision two-a of this section, such defendant, after serving 27 three years of the time assessment, shall be reviewed by the board of 28 [parole] re-entry and may be re-released to post-release supervision 29 only upon a determination by the board of [parole] re-entry made in 30 accordance with subdivision two of section two hundred fifty-nine-i of 31 the executive law. If re-release is not granted, the board shall specify 32 a date not more than twenty-four months from such determination for 33 reconsideration, and the procedures to be followed upon reconsideration 34 shall be the same. If a time assessment of less than three years is 35 imposed upon such a defendant, the defendant shall be released upon the 36 expiration of such time assessment, unless he or she is subject to 37 further imprisonment or confinement under any provision of law. 38 3. Conditions of post-release supervision. The board of [parole] 39 re-entry shall establish and impose conditions of post-release super- 40 vision in the same manner and to the same extent as it may establish and 41 impose conditions in accordance with the executive law upon persons who 42 are granted parole or conditional release; provided that, notwithstand- 43 ing any other provision of law, the board of [parole] re-entry may 44 impose as a condition of post-release supervision that for a period not 45 exceeding six months immediately following release from the underlying 46 term of imprisonment the person be transferred to and participate in the 47 programs of a residential treatment facility as that term is defined in 48 subdivision six of section two of the correction law. Upon release from 49 the underlying term of imprisonment, the person shall be furnished with 50 a written statement setting forth the conditions of post-release super- 51 vision in sufficient detail to provide for the person's conduct and 52 supervision. 53 § 55. Section 240.32 of the penal law, as amended by chapter 322 of 54 the laws of 2021, is amended to read as follows: 55 § 240.32 Aggravated harassment of an employee by an incarcerated indi- 56 vidual.A. 9097 25 1 An incarcerated individual or respondent is guilty of aggravated 2 harassment of an employee by an incarcerated individual when, with 3 intent to harass, annoy, threaten or alarm a person in a facility whom 4 he or she knows or reasonably should know to be an employee of such 5 facility or the board of [parole] re-entry or the office of mental 6 health, or a probation department, bureau or unit or a police officer, 7 he or she causes or attempts to cause such employee to come into contact 8 with blood, seminal fluid, urine, feces, or the contents of a toilet 9 bowl, by throwing, tossing or expelling such fluid or material. 10 For purposes of this section, "incarcerated individual" means an 11 incarcerated individual or detainee in a correctional facility, local 12 correctional facility or a hospital, as such term is defined in subdivi- 13 sion two of section four hundred of the correction law. For purposes of 14 this section, "respondent" means a juvenile in a secure facility oper- 15 ated and maintained by the office of children and family services who is 16 placed with or committed to the office of children and family services. 17 For purposes of this section, "facility" means a correctional facility 18 or local correctional facility, hospital, as such term is defined in 19 subdivision two of section four hundred of the correction law, or a 20 secure facility operated and maintained by the office of children and 21 family services. 22 Aggravated harassment of an employee by an incarcerated individual is 23 a class E felony. 24 § 56. This act shall take effect immediately; provided, however, that: 25 (a) the amendments to subdivision 2 of section 259-m of the executive 26 law made by section fifteen of this act shall be subject to the repeal 27 of such section pursuant to section 3 of chapter 688 of the laws of 28 2003, as amended, and shall be deemed repealed therewith; 29 (b) the amendments to subdivision 6 of section 710.91 of the criminal 30 procedure law made by section twenty-eight of this act shall not affect 31 the repeal of such section and shall be deemed repealed therewith; 32 (c) the amendments to section 805 of the correction law made by 33 section thirty-seven of this act shall be subject to the expiration and 34 reversion of such section pursuant to chapter 261 of the laws of 1987 35 and subdivision d of section 74 of chapter 3 of the laws of 1995, as 36 amended, when upon such date the provisions of section thirty-seven-a of 37 this act shall take effect; 38 (d) the amendments to subdivision 2 of section 851 of the correction 39 law made by section thirty-eight of this act shall be subject to the 40 expiration of such subdivision and section pursuant to subdivision (c) 41 of section 46 of chapter 60 of the laws of 1994 and section 10 of chap- 42 ter 339 of the laws of 1972, as amended, when upon such date the 43 provisions of section thirty-eight-a of this act shall take effect; 44 (e) section thirty-nine of this act shall take effect on the same date 45 as the reversion of subdivision 1 of section 852 of the correction law 46 as provided by section 10 of chapter 339 of the laws of 1972, as 47 amended; 48 (f) section forty of this act shall take effect on the same date as 49 the reversion of subdivision 6 of section 855 of the correction law as 50 provided by section 10 of chapter 339 of the laws of 1972, as amended; 51 (g) the amendments to subdivision 9 of section 855 of the correction 52 law, made by section forty-one of this act, shall not affect the expira- 53 tion of such section and shall expire therewith; 54 (h) the amendments to subdivisions 2 and 5 of section 856 of the 55 correction law made by section forty-two of this act shall not affect 56 the expiration of such section and shall expire therewith;A. 9097 26 1 (i) the amendments to the opening paragraph of subdivision 3 of 2 section 70.30 of the penal law made by section fifty-two of this act 3 shall be subject to the reversion of such subdivision pursuant to subdi- 4 vision d of section 74 of chapter 3 of the laws of 1995, as amended, 5 when upon such date the provisions of section fifty-two-a of this act 6 shall take effect; 7 (j) the amendments to the opening paragraph of paragraph (a) and para- 8 graph (b) of subdivision 1 of section 70.40 of the penal law made by 9 section fifty-three of this act shall be subject to the reversion of 10 such subdivision pursuant to subdivision d of section 74 of chapter 3 of 11 the laws of 1995, as amended, when upon such date the provisions of 12 section fifty-three-a of this act shall take effect; and 13 (k) the amendments to paragraph (c) of subdivision 1 of section 70.40 14 of the penal law made by section fifty-three of this act shall not 15 affect the repeal of such paragraph and shall be deemed repealed there- 16 with. 17 Effective immediately, the addition, amendment and/or repeal of any 18 rule or regulation necessary for the implementation of this act on its 19 effective date are authorized to be made and completed on or before such 20 effective date.
