Assembly Bill A10237

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10237 (ACTIVE) - Details

See Senate Version of this Bill:
S6739
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2612
2015-2016: S2064
2017-2018: S449
2019-2020: S974, S4761

2011-A10237 (ACTIVE) - Summary

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

2011-A10237 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10237

                          I N  A S S E M B L Y

                              May 15, 2012
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on 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:

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
section 259-i of the executive law, as  amended  by  section  38-f-1  of
subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  (i) If the parole officer having charge of a  presumptively  released,
paroled  or  conditionally released person or a person released to post-
release supervision or a person received under the uniform act for  out-
of-state parolee supervision shall have reasonable cause to believe that
such  person  has  lapsed into criminal ways or company, or has violated
one or more conditions of his presumptive release,  parole,  conditional
release  or  post-release  supervision, such parole officer shall report
such fact to a member of the board, or to any officer of the  department
designated  by  the board, and thereupon a warrant may be issued for the
retaking of such person and for his temporary  detention  in  accordance
with  the  rules  of  the  board. The retaking and detention of any such
person may be further regulated by rules and regulations of the  depart-
ment  not  inconsistent  with this article. A warrant issued pursuant to
this section shall constitute sufficient authority to the superintendent
or other person in charge of any jail, penitentiary, lockup or detention
pen to whom it is delivered to hold in temporary  detention  the  person
named therein; except that a warrant issued with respect to a person who
has  been  released  on  medical  parole pursuant to section two hundred
fifty-nine-r of this article and whose parole is being revoked  pursuant
to  paragraph  (h) of subdivision four of such section shall [constitute
authority for] REQUIRE the immediate placement of the parolee only  into
imprisonment  in  the  custody  of  the  department to hold in temporary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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