Signed by Governor Kathy Hochul

Vote Smart's Synopsis:

Vote to pass a bill that amends the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.

Highlights:

• Defines "releasee" as an individual released from an institution under the jurisdiction of the department of corrections into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole (Sec. 1-5).

• Requires the declaration of delinquency to interrupt the person's sentence as of the date of the delinquency and interruption continues until the releasee's appearance in response to a notice of violation or the date of the execution of a warrant, whichever is earlier (Sec. 1.3).

• Establishes any person subject to community supervision to be awarded earned time credits. The calculation of earned time credit periods will begin on the releasee's first day of community supervision and will be awarded after each completed 30 day period in compliance with the terms of their community supervision (Sec. 1.2-4).

• Specifies if a releasee's current period of community supervision has been interrupted by a period of reincarceration prior to the effective date 2021 that added this subdivision, no earned time credits will be awarded for such period of reincarceration (Sec. 1.2-4.d).

• Specifies if the releasee has failed to appear as directed in response to a notice of violation and has failed to appear voluntarily within 48 hours after such time and the person would be subject to incarceration and should the violation be sustained at a final revocation hearing, a warrant may be issued for the retaking of such person and for his temporary detention pending a recognizance hearing in accordance with the rules of the board (Sec. 1.4,i).

• Requires the court to consider all available evidence of the releasee's employment, family and community ties including length of residency in the community, history of reporting in a timely fashion to a parole or supervisory officer, and other indicators of stability (Sec. 1.4.vi).

• Requires the department to within 10 days of the issuance of the notice of violation or the order of release on recognizance afford the person a preliminary revocation hearing before a hearing officer designated by the department for any alleged technical violation for which a notice of violation was issued (Sec. 1.5.A).

• Establishes the alleged violator will have a right to representation by counsel at the preliminary hearing (Sec. 1.5.x).

• Prohibits the final revocation hearing shall not be held at a correctional facility, detention center or local correctional facility (Sec. 6-2).

• Prohibits conduct that formed the basis of an arrest from forming a basis of a sustained parole violation if a court has adjudicated the matter with an acquittal, adjournment in contemplation of dismissal, or violation (Sec. 6.viii).

• Requires the reviewing city, district, county or supreme court to consider de novo the issues raised by the appellant, including but not limited to the following (Sec. 7.d):

• Whether any sustained violation charge should have been sustained;

• Whether reduction or dismissal of the alleged violation charge or charges is warranted, in accordance with the principles or the criminal procedure law or otherwise; and

• Whether any time assessment and other authorized sanction imposed by the hearing officer should be vacated, reduced or, notwithstanding any law, rule or regulation to the contrary, ordered to run concurrently with any other sentence, time assessment, or period of reincarceration imposed.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.

Highlights:

• Defines "releasee" as an individual released from an institution under the jurisdiction of the department of corrections into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole (Sec. 1-5).

• Requires the declaration of delinquency to interrupt the person's sentence as of the date of the delinquency and interruption continues until the releasee's appearance in response to a notice of violation or the date of the execution of a warrant, whichever is earlier (Sec. 1.3).

• Establishes any person subject to community supervision to be awarded earned time credits. The calculation of earned time credit periods will begin on the releasee's first day of community supervision and will be awarded after each completed 30 day period in compliance with the terms of their community supervision (Sec. 1.2-4).

• Specifies if a releasee's current period of community supervision has been interrupted by a period of reincarceration prior to the effective date 2021 that added this subdivision, no earned time credits will be awarded for such period of reincarceration (Sec. 1.2-4.d).

• Specifies if the releasee has failed to appear as directed in response to a notice of violation and has failed to appear voluntarily within 48 hours after such time and the person would be subject to incarceration and should the violation be sustained at a final revocation hearing, a warrant may be issued for the retaking of such person and for his temporary detention pending a recognizance hearing in accordance with the rules of the board (Sec. 1.4,i).

• Requires the court to consider all available evidence of the releasee's employment, family and community ties including length of residency in the community, history of reporting in a timely fashion to a parole or supervisory officer, and other indicators of stability (Sec. 1.4.vi).

• Requires the department to within 10 days of the issuance of the notice of violation or the order of release on recognizance afford the person a preliminary revocation hearing before a hearing officer designated by the department for any alleged technical violation for which a notice of violation was issued (Sec. 1.5.A).

• Establishes the alleged violator will have a right to representation by counsel at the preliminary hearing (Sec. 1.5.x).

• Prohibits the final revocation hearing shall not be held at a correctional facility, detention center or local correctional facility (Sec. 6-2).

• Prohibits conduct that formed the basis of an arrest from forming a basis of a sustained parole violation if a court has adjudicated the matter with an acquittal, adjournment in contemplation of dismissal, or violation (Sec. 6.viii).

• Requires the reviewing city, district, county or supreme court to consider de novo the issues raised by the appellant, including but not limited to the following (Sec. 7.d):

• Whether any sustained violation charge should have been sustained;

• Whether reduction or dismissal of the alleged violation charge or charges is warranted, in accordance with the principles or the criminal procedure law or otherwise; and

• Whether any time assessment and other authorized sanction imposed by the hearing officer should be vacated, reduced or, notwithstanding any law, rule or regulation to the contrary, ordered to run concurrently with any other sentence, time assessment, or period of reincarceration imposed.

Full Bill Text