S 1245: Revokes community supervision for certain conduct involving kidnapping, coercion, firearms, dangerous weapons, and other conduct.

  
  STATE OF NEW YORK ________________________________________________________________________ 1245 2025-2026 Regular Sessions  IN SENATE January 8, 2025 ___________ Introduced by Sen. ADDABBO -- 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 revoking community supervision for certain conduct The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6 and 7 of section 259 of the executive law, 2 as added by chapter 427 of the laws of 2021, are amended to read as 3 follows: 4 6. "Technical violation" means any conduct that violates a condition 5 of community supervision in an important respect, other than the commis- 6 sion of a new felony or misdemeanor offense under the penal law or 7 conduct that violates a specific condition of community supervision in 8 an important respect and such conduct may result in serious harm to the 9 releasee or others. 10 7. "Non-technical violation" means: (a) the commission of a new felony 11 or misdemeanor offense; or (b) conduct that violates a specific condi- 12 tion of community supervision and such conduct may result in serious 13 harm to the releasee or others; or (c) conduct by a releasee who is 14 serving a sentence for an offense defined in article [130] one hundred 15 thirty of the penal law (sex offenses), article one hundred thirty-five 16 of the penal law (kidnapping, coercion and related offenses), article 17 two hundred sixty-five of the penal law (firearms and other dangerous 18 weapons) or section 255.26 or 255.27 of such law, and such conduct 19 violated a specific condition reasonably related to such offense and 20 efforts to protect the public from the commission of a repeat of such 21 offense including any violation of article six-C of the correction law. 22 § 2. Subparagraph (xii) of paragraph (f) of subdivision 3 of section 23 259-i of the executive law, as amended by chapter 427 of the laws of 24 2021, is amended to read as follows: 25 (xii) For each violation found, the presiding officer may (A) direct 26 that the releasee be restored to supervision; (B) as an alternative to 27 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. LBD03040-01-5 
 S. 1245 2 1 community from qualified nonprofit agencies; or (C) direct the viola- 2 tor's reincarceration and for non-technical violations fix a date for 3 consideration by the board for re-release on presumptive release, or 4 parole or conditional release, as the case may be; or (D) for non-tech- 5 nical violations in the case of persons released to a period of post-re- 6 lease supervision, direct the violator's reincarceration up to the 7 balance of the remaining period of post-release supervision, not to 8 exceed five years; provided, however, that a defendant serving a term of 9 post-release supervision for a conviction of a felony sex offense 10 defined in section 70.80 of the penal law may be subject to a further 11 period of imprisonment up to the balance of the remaining period of 12 post-release supervision, shall apply for technical violations; and the 13 following limitations: 14 (1) Absconding. For absconding up to [seven] thirty days reincarcera- 15 tion may be imposed for the first violation, up to [fifteen] sixty days 16 reincarceration may be imposed for the second violation, and up to 17 [thirty] ninety days reincarceration may be imposed for the third or any 18 subsequent violation, provided, however, that no releasee shall be rein- 19 carcerated for more than seven days for absconding if such releasee 20 voluntarily presents themself to such releasee's community supervision 21 officer or area bureau office; 22 (2) Sanctions for certain technical violations. Reincarceration shall 23 not be imposed for a sustained technical violation that involves: (a) 24 violating curfew; (b) alcohol use, provided however that incarceration 25 is permissible for alcohol use if the person is subject to community 26 supervision due to a conviction for driving under the influence of alco- 27 hol; (c) drug use, provided, however incarceration is permissible for 28 drug use if the person is subject to community supervision due to a 29 conviction for driving under the influence of drugs; (d) failing to 30 notify parole officer of a change in employment or program status; (e) 31 failing to pay surcharges and fees; (f) obtaining a driver's license or 32 driving a car with a valid driver's license, provided however incarcera- 33 tion is permissible if either action is explicitly prohibited by the 34 person's conviction; (g) failing to notify community supervision officer 35 of contact with any law enforcement agency, provided however, incarcera- 36 tion is permissible if the person intended to hide illegal behavior or 37 in instances where the conduct violates a specific condition of communi- 38 ty supervision in an important respect and such conduct may result in 39 serious harm to the releasee or others; (h) failing to obey other 40 special conditions, provided however that incarceration is permissible 41 if the failure cannot be addressed in the community and all reasonable 42 community-based means to address the failure have been exhausted; and 43 (3) Sanctions for all other technical violations. For all other tech- 44 nical violations, no period of reincarceration may be imposed for the 45 first and second substantiated technical violations for which incarcera- 46 tion may be imposed; up to seven days reincarceration may be imposed for 47 the third substantiated technical violation for which incarceration may 48 be imposed; up to fifteen days reincarceration may be imposed for the 49 fourth substantiated technical violation for which incarceration may be 50 imposed; up to thirty days reincarceration may be imposed for the fifth 51 and subsequent substantiated technical violations for which incarcera- 52 tion may be imposed. Provided, however, that a period of reincarcera- 53 tion may be imposed for conduct that violates a specific condition of 54 community supervision in an important respect and that such conduct may 55 result in serious harm to the releasee or others. 56 § 3. This act shall take effect immediately.