A 9371: Relates to increasing possible periods of reincarceration for absconding and the consideration via judicial discretion of reincarceration and possible periods of reincarceration for certain technical violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 9371 2025-2026 Regular Sessions  IN ASSEMBLY December 19, 2025 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to possible periods of reincarceration for absconding and certain technical violations by releasees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clauses 1, 2 and 3 of subparagraph (xii) of paragraph (f) 2 of subdivision 3 of section 259-i of the executive law, as amended by 3 chapter 427 of the laws of 2021, are amended to read as follows: 4 (1) Absconding. For absconding up to [seven] fifteen days reincarcera- 5 tion may be imposed for the first violation, up to [fifteen] thirty days 6 reincarceration may be imposed for the second violation, and up to 7 [thirty] sixty days reincarceration may be imposed for the third or any 8 subsequent violation; 9 (2) Sanctions for certain technical violations. Reincarceration shall 10 [not] be [imposed] considered via judicial discretion for a sustained 11 technical violation that involves: (a) violating curfew; (b) [alcohol 12 use, provided however that incarceration is permissible for alcohol use 13 if the person is subject to community supervision due to a conviction 14 for driving under the influence of alcohol; (c) drug use, provided, 15 however incarceration is permissible for drug use if the person is 16 subject to community supervision due to a conviction for driving under 17 the influence of drugs; (d)] failing to notify parole officer of a 18 change in employment or program status; [(e)] (c) failing to pay 19 surcharges and fees; [(f)] (d) obtaining a driver's license or driving a 20 car with a valid driver's license, provided however incarceration is 21 permissible if either action is explicitly prohibited by the person's 22 conviction; [(g) failing to notify community supervision officer of 23 contact with any law enforcement agency, provided however, incarceration 24 is permissible if the person intended to hide illegal behavior; (h)] (e) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13692-01-5 
 A. 9371 2 1 failing to obey other special conditions, provided however that incar- 2 ceration is permissible if the failure cannot be addressed in the commu- 3 nity and all reasonable community-based means to address the failure 4 have been exhausted; and 5 (3) Sanctions for all other technical violations. For all other tech- 6 nical violations, [no period of] up to seven days reincarceration may be 7 imposed for the first and second substantiated technical violations for 8 which incarceration may be imposed; up to [seven] fifteen days reincar- 9 ceration may be imposed for the third substantiated technical violation 10 for which incarceration may be imposed; up to [fifteen] thirty days 11 reincarceration may be imposed for the fourth substantiated technical 12 violation for which incarceration may be imposed; up to [thirty] sixty 13 days reincarceration may be imposed for the fifth and subsequent 14 substantiated technical violations for which incarceration may be 15 imposed. 16 § 2. This act shall take effect immediately.