Bill Text: NY S04761 | 2019-2020 | General Assembly | Introduced

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Bill Title: Limits temporary detention of defendants in violation of their release in a local correctional facility to 72 hours before transfer to state custody.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04761 Detail]

Download: New_York-2019-S04761-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4761
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 25, 2019
                                       ___________
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on Crime Victims,  Crime
          and Correction
        AN ACT to amend the executive law, in relation to temporary detention of
          persons  whose  presumptive  release,  parole,  conditional release or
          post-release supervision alleged to have violated the terms  of  their
          release
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
     2  section  259-i  of  the  executive law, as amended by chapter 545 of the
     3  laws of 2015, is amended to read as follows:
     4    (i) If the parole officer having charge of a  presumptively  released,
     5  paroled  or  conditionally released person or a person released to post-
     6  release supervision or a person received under the uniform act for  out-
     7  of-state parolee supervision shall have reasonable cause to believe that
     8  such  person  has  lapsed into criminal ways or company, or has violated
     9  one or more conditions of his presumptive release,  parole,  conditional
    10  release  or  post-release  supervision, such parole officer shall report
    11  such fact to a member of the board, or to any officer of the  department
    12  designated  by  the board, and thereupon a warrant may be issued for the
    13  retaking of such person and for his temporary  detention  in  accordance
    14  with the rules of the board unless such person has been determined to be
    15  currently  unfit to proceed to trial or is currently subject to a tempo-
    16  rary or final order of observation pursuant  to  article  seven  hundred
    17  thirty  of the criminal procedure law, in which case no warrant shall be
    18  issued. The retaking and detention of any such  person  may  be  further
    19  regulated  by  rules  and regulations of the department not inconsistent
    20  with this article. A warrant  issued  pursuant  to  this  section  shall
    21  constitute sufficient authority to the superintendent or other person in
    22  charge  of any jail, penitentiary, lockup or detention pen to whom it is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03020-01-9
        S. 4761                             2
     1  delivered to hold in temporary detention the person named  therein,  and
     2  the  period  of temporary detention in the custody of such local correc-
     3  tional facility shall not exceed seventy-two hours  and  thereafter  the
     4  person  shall be transferred to the custody of the department to be held
     5  in temporary custody; except that a warrant issued  with  respect  to  a
     6  person  who  has been released on medical parole pursuant to section two
     7  hundred fifty-nine-r of this article and whose parole is  being  revoked
     8  pursuant  to  paragraph  (h)  of  subdivision four of such section shall
     9  constitute authority for and require  the  immediate  placement  of  the
    10  parolee  only into imprisonment in the custody of the department to hold
    11  in temporary detention. A warrant issued pursuant to this section  shall
    12  also  constitute  sufficient authority to the person in charge of a drug
    13  treatment campus, as defined in subdivision twenty of section two of the
    14  correction law, to hold the person named therein, in accordance with the
    15  procedural requirements of this section, for a period of at least ninety
    16  days to complete an intensive drug treatment  program  mandated  by  the
    17  board  as an alternative to presumptive release or parole or conditional
    18  release revocation, or the revocation of post-release  supervision,  and
    19  shall  also  constitute  sufficient  authority  for return of the person
    20  named therein to local  custody  to  hold  in  temporary  detention  for
    21  further  revocation  proceedings  in  the  event  said  person  does not
    22  successfully complete the intensive drug treatment program. The  board's
    23  rules  shall  provide for cancellation of delinquency and restoration to
    24  supervision upon the successful completion of the program.
    25    § 2. This act shall take effect on the one hundred twentieth day after
    26  it shall have become a law; provided, that, effective  immediately,  any
    27  rules  and regulations necessary to implement the provisions of this act
    28  on its effective date are authorized and  directed  to  be  promulgated,
    29  amended and/or repealed on or before such date.