Senate Bill S2064B

2015-2016 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

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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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Bill Amendments

2015-S2064 - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6739
2013-2014: S2612
2017-2018: S449
2019-2020: S974, S4761

2015-S2064 - Summary

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

2015-S2064 - Sponsor Memo

2015-S2064 - Bill Text download pdf 

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

                                  2064

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05983-01-5

2015-S2064A - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6739
2013-2014: S2612
2017-2018: S449
2019-2020: S974, S4761

2015-S2064A - Summary

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

2015-S2064A - Sponsor Memo

2015-S2064A - Bill Text download pdf 

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

                                 2064--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction  -- reported favorably from said committee and committed to
  the Committee  on  Finance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05983-02-5

2015-S2064B (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6739
2013-2014: S2612
2017-2018: S449
2019-2020: S974, S4761

2015-S2064B (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.

2015-S2064B (ACTIVE) - Sponsor Memo

2015-S2064B (ACTIVE) - Bill Text download pdf 

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

                                 2064--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction  -- reported favorably from said committee and committed to
  the Committee  on  Finance  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Crime Victims, Crime and Correction in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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  chapter  545  of  the
laws of 2015, 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 unless such person has been determined to be
currently unfit to proceed to trial or is currently subject to a  tempo-
rary  or  final  order  of observation pursuant to article seven hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05983-04-6

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