Senate Bill S449

2017-2018 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

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2017-S449 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6739
2013-2014: S2612
2015-2016: S2064
2019-2020: S974, S4761

2017-S449 (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.

2017-S449 (ACTIVE) - Sponsor Memo

2017-S449 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    449
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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 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
 thirty  of the criminal procedure law, in which case no warrant shall be
 issued. The retaking and detention of any such  person  may  be  further
 regulated  by  rules  and regulations of the department not inconsistent
 with this article. A warrant  issued  pursuant  to  this  section  shall
 constitute sufficient authority to the superintendent or other person in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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