S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4447
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE, STIRPE, WOERNER, JONES, SILLITTI, PHEF-
   FER AMATO, McMAHON, LUNSFORD, JACOBSON -- read once  and  referred  to
   the Committee on Correction
 
 AN  ACT  to  amend  the executive law, in relation to revoking community
   supervision for certain conduct

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 6 and 7 of section 259 of the executive law,
 as added by chapter 427 of the laws of 2021,  are  amended  to  read  as
 follows:
   6.  "Technical  violation" means any conduct that violates a condition
 of community supervision in an important respect, other than the commis-
 sion of a new felony or misdemeanor offense under  the  penal  law    OR
 CONDUCT  THAT  VIOLATES A SPECIFIC CONDITION OF COMMUNITY SUPERVISION IN
 AN IMPORTANT RESPECT AND SUCH CONDUCT MAY RESULT IN SERIOUS HARM TO  THE
 RELEASEE OR OTHERS.
   7. "Non-technical violation" means: (a) the commission of a new felony
 or  misdemeanor offense; or (b)  CONDUCT THAT VIOLATES A SPECIFIC CONDI-
 TION OF COMMUNITY SUPERVISION AND SUCH CONDUCT  MAY  RESULT  IN  SERIOUS
 HARM  TO  THE  RELEASEE  OR  OTHERS; OR (C) conduct by a releasee who is
 serving a sentence for an offense defined in article [130]  ONE  HUNDRED
 THIRTY  of the penal law (SEX OFFENSES), ARTICLE ONE HUNDRED THIRTY-FIVE
 OF THE PENAL LAW (KIDNAPPING, COERCION AND  RELATED  OFFENSES),  ARTICLE
 TWO  HUNDRED  SIXTY-FIVE  OF THE PENAL LAW (FIREARMS AND OTHER DANGEROUS
 WEAPONS) or section 255.26 or 255.27  of  such  law,  and  such  conduct
 violated  a  specific  condition  reasonably related to such offense and
 efforts to protect the public from the commission of a  repeat  of  such
 offense INCLUDING ANY VIOLATION OF ARTICLE SIX-C OF THE CORRECTION LAW.
   §  2.  Subparagraph (xii) of paragraph (f) of subdivision 3 of section
 259-i of the executive law, as amended by chapter 427  of  the  laws  of
 2021, is amended to read as follows:
   (xii)  For  each violation found, the presiding officer may (A) direct
 that the releasee be restored to supervision; (B) as an  alternative  to
 reincarceration,  direct  the  releasee receive re-entry services in the
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04780-01-3
 A. 4447                             2
 
 community from qualified nonprofit agencies; or (C)  direct  the  viola-
 tor's  reincarceration  and  for non-technical violations fix a date for
 consideration by the board for re-release  on  presumptive  release,  or
 parole  or conditional release, as the case may be; or (D) for non-tech-
 nical violations in the case of persons released to a period of post-re-
 lease supervision, direct  the  violator's  reincarceration  up  to  the
 balance  of  the  remaining  period  of post-release supervision, not to
 exceed five years; provided, however, that a defendant serving a term of
 post-release supervision for  a  conviction  of  a  felony  sex  offense
 defined  in  section  70.80 of the penal law may be subject to a further
 period of imprisonment up to the balance  of  the  remaining  period  of
 post-release  supervision, shall apply for technical violations; and the
 following limitations:
   (1) Absconding. For absconding up to [seven] THIRTY days  reincarcera-
 tion  may be imposed for the first violation, up to [fifteen] SIXTY days
 reincarceration may be imposed for  the  second  violation,  and  up  to
 [thirty] NINETY days reincarceration may be imposed for the third or any
 subsequent violation, PROVIDED, HOWEVER, THAT NO RELEASEE SHALL BE REIN-
 CARCERATED  FOR  MORE  THAN  SEVEN  DAYS FOR ABSCONDING IF SUCH RELEASEE
 VOLUNTARILY PRESENTS HIMSELF OR HERSELF TO HIS OR HER  COMMUNITY  SUPER-
 VISION OFFICER OR AREA BUREAU OFFICE;
   (2)  Sanctions for certain technical violations. Reincarceration shall
 not be imposed for a sustained technical violation  that  involves:  (a)
 violating  curfew;  (b) alcohol use, provided however that incarceration
 is permissible for alcohol use if the person  is  subject  to  community
 supervision due to a conviction for driving under the influence of alco-
 hol;  (c)  drug  use, provided, however incarceration is permissible for
 drug use if the person is subject to  community  supervision  due  to  a
 conviction  for  driving  under  the  influence of drugs; (d) failing to
 notify parole officer of a change in employment or program  status;  (e)
 failing  to pay surcharges and fees; (f) obtaining a driver's license or
 driving a car with a valid driver's license, provided however incarcera-
 tion is permissible if either action is  explicitly  prohibited  by  the
 person's conviction; (g) failing to notify community supervision officer
 of contact with any law enforcement agency, provided however, incarcera-
 tion  is  permissible if the person intended to hide illegal behavior OR
 IN INSTANCES WHERE THE CONDUCT VIOLATES A SPECIFIC CONDITION OF COMMUNI-
 TY SUPERVISION IN AN IMPORTANT RESPECT AND SUCH CONDUCT  MAY  RESULT  IN
 SERIOUS  HARM  TO  THE  RELEASEE  OR  OTHERS;  (h) failing to obey other
 special conditions, provided however that incarceration  is  permissible
 if  the  failure cannot be addressed in the community and all reasonable
 community-based means to address the failure have been exhausted; and
   (3) Sanctions for all other technical violations. For all other  tech-
 nical  violations,  no  period of reincarceration may be imposed for the
 first and second substantiated technical violations for which incarcera-
 tion may be imposed; up to seven days reincarceration may be imposed for
 the third substantiated technical violation for which incarceration  may
 be  imposed;  up  to fifteen days reincarceration may be imposed for the
 fourth substantiated technical violation for which incarceration may  be
 imposed;  up to thirty days reincarceration may be imposed for the fifth
 and subsequent substantiated technical violations for  which  incarcera-
 tion  may  be imposed.  PROVIDED, HOWEVER, THAT A PERIOD OF REINCARCERA-
 TION MAY BE IMPOSED FOR CONDUCT THAT VIOLATES A  SPECIFIC  CONDITION  OF
 COMMUNITY  SUPERVISION IN AN IMPORTANT RESPECT AND THAT SUCH CONDUCT MAY
 RESULT IN SERIOUS HARM TO THE RELEASEE OR OTHERS.
   § 3. This act shall take effect immediately.