S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5707
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Correction
 
 AN  ACT to amend the criminal procedure law, the correction law, and the
   executive law, in relation to bona fide work not  being  considered  a
   parole violation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 410.10 of the criminal procedure law is amended  by
 adding a new subdivision 4 to read as follows:
   4.  WHEN  THE  COURT PRONOUNCES A SENTENCE OF PROBATION OR CONDITIONAL
 DISCHARGE, THE COURT SHALL PROVIDE THAT THE  PERFORMANCE  OF  BONA  FIDE
 WORK  FOR AN EMPLOYER, INCLUDING TRAVEL TIME TO AND FROM BONA FIDE WORK,
 REGARDLESS IF SUCH WORK OR  RELATED  TRAVEL  TIME  IS  PERFORMED  DURING
 CURFEW  TIMES  SET  BY  CONDITIONS  OF  PROBATION,  PAROLE,  PRESUMPTIVE
 RELEASE, CONDITIONAL RELEASE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
 OTHER TYPE OF SUPERVISED RELEASE, SHALL NOT BE CONSIDERED A VIOLATION OF
 SUCH SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE.   FOR  PURPOSES  OF
 THIS  SECTION,  BONA  FIDE  WORK IS WORK PERFORMED AS AN EMPLOYEE FOR AN
 EMPLOYER, AS DEFINED IN SECTION TWO OF THE LABOR LAW.
   § 2. The correction law is amended by adding a new section 209 to read
 as follows:
   § 209. PERMITTED ACTIVITIES. WHERE ANY PERSON IS  GRANTED  PRESUMPTIVE
 RELEASE,  PAROLE,  CONDITIONAL RELEASE OR RELEASE TO POST-RELEASE SUPER-
 VISION, SUCH PERSON SHALL NOT BE DEEMED TO BE IN VIOLATION  OF  AND  THE
 DEPARTMENT SHALL NOT TERMINATE SUCH GRANTED PRESUMPTIVE RELEASE, PAROLE,
 CONDITIONAL  RELEASE,  RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER
 TYPE OF SUPERVISED RELEASE SOLELY BECAUSE SUCH PERSON  ENGAGES  IN  BONA
 FIDE  WORK  FOR AN EMPLOYER, INCLUDING TRAVEL TIME TO AND FROM BONA FIDE
 WORK, DURING CURFEW TIMES SET WITH A SENTENCE  OF  PROBATION  OR  CONDI-
 TIONAL  DISCHARGE.  FOR PURPOSES OF THIS SECTION, BONA FIDE WORK IS WORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03765-01-1
              

 A. 5707                             2
 
 PERFORMED AS AN EMPLOYEE FOR AN EMPLOYER, AS DEFINED IN SECTION  TWO  OF
 THE LABOR LAW.
   §  3.  Section  274  of  the correction law is amended by adding a new
 subdivision 11 to read as follows:
   11. THE COMMISSION, OR ANY MEMBER THEREOF, SHALL NOT DETERMINE THAT  A
 PERSON WHO HAS BEEN CONDITIONALLY RELEASED HAS LAPSED INTO CRIMINAL WAYS
 OR  COMPANY,  OR  HAS  VIOLATED  ONE  OR  MORE CONDITIONS OF CONDITIONAL
 RELEASE BECAUSE SUCH PERSON ENGAGES IN BONA FIDE WORK FOR  AN  EMPLOYER,
 INCLUDING TRAVEL TIME TO OR FROM BONA FIDE WORK, DURING CURFEW TIMES SET
 BY  CONDITIONS  OF  CONDITIONAL RELEASE.   FOR PURPOSES OF THIS SECTION,
 BONA FIDE WORK IS WORK PERFORMED AS AN  EMPLOYEE  FOR  AN  EMPLOYER,  AS
 DEFINED IN SECTION TWO OF THE LABOR LAW.
   §  4.  The  executive  law is amended by adding a new section 259-t to
 read as follows:
   § 259-T. PERMITTED ACTIVITIES. WHERE ANY PERSON IS GRANTED PRESUMPTIVE
 RELEASE, PAROLE, CONDITIONAL RELEASE,  RELEASE  TO  POST-RELEASE  SUPER-
 VISION  OR  ANY  OTHER  TYPE  OF  SUPERVISED RELEASE, THE STATE BOARD OF
 PAROLE SHALL NOT DEEM A PERSON TO BE IN VIOLATION OF AND THE STATE BOARD
 OF PAROLE SHALL NOT TERMINATE SUCH GRANTED PRESUMPTIVE RELEASE,  PAROLE,
 CONDITIONAL  RELEASE,  RELEASE  TO POST-RELEASE SUPERVISION OR ANY OTHER
 TYPE OF SUPERVISED RELEASE SOLELY BECAUSE SUCH PERSON  ENGAGED  IN  BONA
 FIDE  WORK  FOR  AN EMPLOYER, INCLUDING TRAVEL TIME TO OR FROM BONA FIDE
 WORK, DURING CURFEW  TIMES  SET  BY  CONDITIONS  OF  PROBATION,  PAROLE,
 PRESUMPTIVE  RELEASE,  CONDITIONAL  RELEASE  OR  RELEASE TO POST-RELEASE
 SUPERVISION. FOR PURPOSES OF  THIS  SECTION,  BONA  FIDE  WORK  IS  WORK
 PERFORMED  AS  AN EMPLOYEE FOR AN EMPLOYER, AS DEFINED IN SECTION TWO OF
 THE LABOR LAW.
   § 5. This act shall take effect immediately.