Senate Bill S3388A

2015-2016 Legislative Session

Enacts "Cesar's law" to require the retaking of parolees who abscond from the supervision of the state board of parole

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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-S3388 - Details

See Assembly Version of this Bill:
A7217
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7953
2017-2018: S2819, A3159
2019-2020: S3268, A7035
2021-2022: S5608, A2187
2023-2024: S4318

2015-S3388 - Summary

Enacts "Cesar's law" to require the retaking of parolees, who abscond from the supervision of the state board of parole.

2015-S3388 - Sponsor Memo

2015-S3388 - Bill Text download pdf 

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

                                  3388

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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 the retaking of
  certain persons absconding from parole or other conditional release

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title.  This act shall be know and may be cited as
"Cesar's law".
  S 2. Paragraph (i) 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) Where there is reasonable cause  to  believe  that  a  presumptive
releasee,  parolee,  conditional  releasee  or person under post-release
supervision has absconded from supervision the board  may  declare  such
person to be delinquent. IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF
A CLASS A FELONY OFFENSE, OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR A VIOLENT FELONY OFFENSE
AS  DEFINED  IN  SECTION 70.02 OF THE PENAL LAW, THE BOARD SHALL DECLARE
SUCH PERSON TO BE DELINQUENT AND A  WARRANT  SHALL  BE  ISSUED  FOR  THE
RETAKING OF SUCH PERSON AND FOR HIS OR HER TEMPORARY DETENTION ACCORDING
TO  THE  RULES  OF THE BOARD, AND THE BOARD SHALL IMMEDIATELY NOTIFY THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE LOCALITY IN WHICH SUCH
ABSCONDER RESIDES. This paragraph shall not be construed  to  deny  such
person a preliminary revocation hearing upon his OR HER retaking, nor to
relieve  the  department  of  any obligation it may have to exercise due
diligence to retake the alleged absconder, nor to relieve the parolee or
releasee of any obligation he OR SHE may have to comply with the  condi-
tions of his OR HER release.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02369-01-5

2015-S3388A (ACTIVE) - Details

See Assembly Version of this Bill:
A7217
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7953
2017-2018: S2819, A3159
2019-2020: S3268, A7035
2021-2022: S5608, A2187
2023-2024: S4318

2015-S3388A (ACTIVE) - Summary

Enacts "Cesar's law" to require the retaking of parolees, who abscond from the supervision of the state board of parole.

2015-S3388A (ACTIVE) - Sponsor Memo

2015-S3388A (ACTIVE) - Bill Text download pdf 

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

                                 3388--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably  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 the retaking of
  certain persons absconding from parole or other conditional release

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Cesar's law".
  S 2. Paragraph (i) 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) Where there is reasonable cause  to  believe  that  a  presumptive
releasee,  parolee,  conditional  releasee  or person under post-release
supervision has absconded from supervision the board [may] SHALL declare
such person to be delinquent AND A  WARRANT  SHALL  BE  ISSUED  FOR  THE
RETAKING OF SUCH PERSON AND FOR HIS OR HER TEMPORARY DETENTION ACCORDING
TO  THE  RULES  OF THE BOARD, AND THE BOARD SHALL IMMEDIATELY NOTIFY THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE LOCALITY IN WHICH SUCH
ABSCONDER RESIDES. This paragraph shall not be construed  to  deny  such
person a preliminary revocation hearing upon his OR HER retaking, nor to
relieve  the  department  of  any obligation it may have to exercise due
diligence to retake the alleged absconder, nor to relieve the parolee or
releasee of any obligation he OR SHE may have to comply with the  condi-
tions of his OR HER release.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02369-03-6

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