S T A T E O F N E W Y O R K
________________________________________________________________________
4780
2015-2016 Regular Sessions
I N S E N A T E
April 15, 2015
___________
Introduced by Sen. GALLIVAN -- 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 and the criminal procedure law, in
relation to revocation proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (i) of paragraph (c) of subdivision 3 of
2 section 259-i of the executive law, as amended by section 11 of part E
3 of chapter 62 of the laws of 2003, is amended to read as follows:
4 (i) Within fifteen days after the warrant for retaking and temporary
5 detention has been executed, unless the releasee has been convicted of a
6 new crime committed while under presumptive release, parole, conditional
7 release or post-release supervision, the board of parole shall afford
8 the alleged presumptive release, parole, conditional release or post-re-
9 lease supervision violator a preliminary revocation hearing before a
10 hearing officer designated by the board of parole. Such hearing officer
11 shall not have had any prior supervisory involvement over the alleged
12 violator. IF THE ALLEGED VIOLATOR CONTENDS OR IF IT REASONABLY APPEARS,
13 THAT HE OR SHE IS AN INCAPACITATED PERSON, AS THAT TERM IS DEFINED IN
14 SUBDIVISION ONE OF SECTION 730.10 OF THE CRIMINAL PROCEDURE LAW, AND NO
15 JUDICIAL DETERMINATION HAS PREVIOUSLY BEEN MADE THAT THE ALLEGED VIOLA-
16 TOR IS AN INCAPACITATED PERSON, THE REVOCATION PROCEEDING SHALL BE
17 STAYED AND THE MATTER SHALL BE REFERRED TO A COURT OF COMPETENT JURIS-
18 DICTION FOR DETERMINATION OF THE ALLEGED VIOLATOR'S FITNESS TO PROCEED
19 IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED THIRTY OF THE
20 CRIMINAL PROCEDURE LAW. IF THE COURT DETERMINES THAT THE ALLEGED VIOLA-
21 TOR IS NOT AN INCAPACITATED PERSON, THE COURT SHALL ORDER THAT THE
22 MATTER BE RETURNED TO THE BOARD OF PAROLE FOR CONTINUATION AND DISPOSI-
23 TION OF THE REVOCATION PROCEEDING. IF THE COURT DETERMINES THAT THE
24 ALLEGED VIOLATOR IS AN INCAPACITATED PERSON, THE COURT SHALL PROCEED IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10451-02-5
S. 4780 2
1 ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED THIRTY OF THE
2 CRIMINAL PROCEDURE LAW.
3 S 2. Subdivision 2 of section 730.10 of the criminal procedure law, as
4 amended by chapter 566 of the laws of 1994, is amended to read as
5 follows:
6 2. "Order of examination" means an order issued to an appropriate
7 director by a criminal court wherein a criminal action is pending
8 against a defendant[,] or AGAINST AN ALLEGED VIOLATOR IN A PAROLE REVO-
9 CATION PROCEEDING AGAINST AN ALLEGED VIOLATOR, OR by a family court
10 pursuant to section 322.1 of the family court act wherein a juvenile
11 delinquency proceeding is pending against a juvenile, directing that
12 such person be examined for the purpose of determining if he is an inca-
13 pacitated person.
14 S 3. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.