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S T A T E O F N E W Y O R K
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S. 1036 A. 1529
1999-2000 Regular Sessions
S E N A T E - A S S E M B L Y
January 13, 1999
___________
IN SENATE -- Introduced by Sen. SEABROOK -- read twice and ordered
printed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. EVE, CLARK -- Multi-Sponsored by
-- M. of A. VANN -- read once and referred to the Committee on
Correction
AN ACT to authorize the governor to declare a prison overcrowding state
of emergency under certain circumstances; and to amend the correction
law, the executive law, the penal law and the criminal procedure law,
in relation to providing remedies for a prison overcrowding state of
emergency and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that a state of emergency of population overcrowding presently
3 exists within the state`s prisons, jails, reformatories and penitentiar-
4 ies. The legislature also declares that in order to meet this emergency,
5 this act constitutes an exercise of the police powers of the state and
6 is being implemented in order to rectify prison conditions which threat-
7 en the health, safety and welfare of the citizens of this state and to
8 relieve the potential for prison violence.
9 S 2. Short title. This act may be cited as the prison overcrowding
10 emergency powers act.
11 S 3. Definitions. As used in this act and in article 5-B of the
12 correction law, the following words have the following meanings:
13 (a) "Commissioner" means the state commissioner of correctional
14 services.
15 (b) "Prison" means a correctional facility operated by the state
16 department of correctional services other than a community correction
17 center or residential home.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD02317-01-9
S. 1036 2 A. 1529
1 (c) "Prison system" means the prisons and reformatories of this state.
2 (d) "Rated design capacity" means the actual available bedspace as
3 certified by the commissioner in the prison system subject to applicable
4 federal and state laws and the rules and regulations promulgated under
5 those laws.
6 (e) "Community correctional organization" means any non-profit corpo-
7 ration or charitable organization established pursuant to state statute,
8 or governmental entity or political subdivision thereof, which operates
9 a community based facility for the purpose of providing room, board and
10 housekeeping services together with a program of vocational training
11 opportunities, educational training opportunities and social rehabili-
12 tation for adult offenders as an alternative to serving a sentence or
13 part of a sentence of imprisonment.
14 (f) "Eligible inmate" means any person within the jurisdiction of the
15 state department of correctional services who is eligible for release on
16 parole or will be eligible for release on parole or conditional release
17 within one year, or such inmate who is presently incarcerated for a
18 noncriminal violation of parole. Notwithstanding the foregoing, the
19 following inmates shall not be eligible for release to a community
20 correctional organization:
21 (1) any inmate who has pending criminal charges;
22 (2) any inmate who is serving multiple sentences from more than one
23 jurisdiction;
24 (3) any inmate who has been committed to an institution pursuant to
25 article 17 of the correction law;
26 (4) any inmate who is subject to the provisions of subdivision 2-a of
27 section 70.30 of the penal law; and
28 (5) any inmate who has previously absconded from a community correc-
29 tional organization to which he/she was released.
30 (g) "Community release committee" means that body of persons, which
31 may include members of the public, appointed pursuant to regulations
32 promulgated by the commission of correction to serve at the pleasure of
33 the commissioner for the purpose of formulating, modifying and revoking
34 community correctional organization programs at an institution under the
35 jurisdiction of the state department of correctional services.
36 S 4. The commissioner shall request the governor to declare a state of
37 emergency in the state`s prisons whenever the population of the prison
38 system exceeds the rated design capacity for thirty consecutive days. In
39 making the request, the commissioner shall certify the rated design
40 capacity and current population of the prison system and that all admin-
41 istrative actions consistent with applicable state laws and the rules
42 promulgated under those laws have been exhausted in an attempt to reduce
43 the prison population to the rated design capacity.
44 S 5. (a) Unless the governor finds within fifteen days of the commis-
45 sioner`s request under section four of this act that the commissioner
46 acted in error, the governor shall declare a prison overcrowding state
47 of emergency within that fifteen day period and that eligible inmates
48 are immediately suitable for participation in the community correctional
49 organization program.
50 (b) Upon motion of the board of parole, after the request by the
51 commissioner to declare a prison overcrowding emergency, the appropriate
52 court may reduce any minimum term to the time a particular defendant has
53 served. The supreme court of the county where the inmate was sentenced
54 shall have jurisdiction to act upon the application at any time and must
55 take into consideration the district attorney`s recommendation, but no
56 hearing shall be required.
S. 1036 3 A. 1529
1 S 6. The correction law is amended by adding a new article 5-B to read
2 as follows:
3 ARTICLE 5-B
4 RELEASE TO COMMUNITY
5 CORRECTIONAL ORGANIZATIONS
6 SECTION 109-G. COMMUNITY CORRECTIONAL ORGANIZATION PROGRAMS.
7 109-H. CUSTODY AND SUPERVISION.
8 109-I. ABSCONDING.
9 109-J. VISITATION OF INMATES IN COMMUNITY CORRECTIONAL ORGAN-
10 IZATIONS.
11 109-K. MENTALLY ILL INMATES.
12 109-L. PAROLE ELIGIBILITY.
13 109-M. RELEASE FROM COMMUNITY CORRECTIONAL ORGANIZATION.
14 109-N. COMPLAINT AND ABUSE REVIEW.
15 109-O. INMATE AND COMMUNITY CORRECTIONAL ORGANIZATIONS NOT
16 AGENTS OF THE STATE.
17 S 109-G. COMMUNITY CORRECTIONAL ORGANIZATION PROGRAMS. 1. ANY ELIGIBLE
18 INMATE MAY APPLY FOR RELEASE TO A COMMUNITY CORRECTIONAL ORGANIZATION IN
19 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
20 THE RELEASE PROCEDURE SHALL CONSIST OF:
21 (A) ANY ELIGIBLE INMATE MAY MAKE APPLICATION TO THE COMMUNITY RELEASE
22 COMMITTEE OF THE INSTITUTION FOR PERMISSION TO PARTICIPATE IN THE COMMU-
23 NITY CORRECTIONAL ORGANIZATION PROGRAM;
24 (B) IF THE COMMUNITY RELEASE COMMITTEE DETERMINES THAT A COMMUNITY
25 CORRECTIONAL ORGANIZATION PROGRAM FOR THE APPLICANT IS CONSISTENT WITH
26 THE SAFETY OF THE COMMUNITY AND THE WELFARE OF THE APPLICANT, AND IS
27 CONSISTENT WITH THE RULES AND REGULATIONS OF THE DEPARTMENT, THE COMMIT-
28 TEE, WITH THE ASSISTANCE OF THE EMPLOYEES OR UNIT DESIGNATED BY THE
29 COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHT HUNDRED
30 FIFTY-TWO OF THIS CHAPTER SHALL DEVELOP A SUITABLE PROGRAM OF COMMUNITY
31 RELEASE FOR THE APPLICANT;
32 (C) THE COMMUNITY RELEASE COMMITTEE SHALL THEN PREPARE A MEMORANDUM
33 SETTING FORTH THE DETAILS OF THE COMMUNITY RELEASE PROGRAM. SUCH MEMO-
34 RANDUM SHALL BE TRANSMITTED TO THE SUPERINTENDENT OF THE CORRECTIONAL
35 FACILITY WHERE THE APPLICANT IS INCARCERATED, WHO MAY APPROVE OR REJECT
36 THE PROGRAM, SUBJECT TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
37 SIONER. IF THE SUPERINTENDENT APPROVES THE PROGRAM, HE/SHE SHALL INDI-
38 CATE SUCH APPROVAL IN WRITING BY SIGNING THE MEMORANDUM. IF THE SUPER-
39 INTENDENT REJECTS THE PROGRAM HE/SHE SHALL STATE THEIR REASONS IN
40 WRITING AND A COPY OF THEIR STATEMENT SHALL BE GIVEN TO THE INMATE AND
41 TO THE COMMISSIONER AND SUCH DECISION SHALL BE REVIEWED BY THE COMMIS-
42 SIONER. IF THE COMMISSIONER REJECTS THE PROGRAM, HE/SHE SHALL STATE
43 THEIR REASONS IN WRITING; AND
44 (D) AFTER APPROVING THE PROGRAM OF COMMUNITY RELEASE, THE SUPERINTEN-
45 DENT MAY THEN PERMIT AN INMATE WHO HAS ACCEPTED SUCH PROGRAM TO LEAVE
46 THE INSTITUTION.
47 2. ANY COMMUNITY CORRECTIONAL ORGANIZATION TO WHICH INMATES MAY BE
48 RELEASED PURSUANT TO THIS ARTICLE SHALL BE APPROVED BY THE COMMISSION OF
49 CORRECTION PURSUANT TO THE RULES AND REGULATIONS JOINTLY PROMULGATED BY
50 THE CHAIRMAN OF THE COMMISSION OF CORRECTION AND THE COMMISSIONER. THIS
51 APPROVAL PROCEDURE SHALL INCLUDE STATE INSPECTION OF FACILITIES, PERSON-
52 NEL, PROGRAMS, ESTABLISHMENT OF MINIMUM STANDARDS FOR PROGRAM PARTIC-
53 IPATION AND PERFORMANCE AND ESTABLISHING FAIR AND EQUITABLE RATES OF
54 COMPENSATION.
55 3. A COMMUNITY CORRECTIONAL ORGANIZATION MAY REFUSE TO ACCEPT OR MAY
56 RESCIND ITS AGREEMENT FOR ACCEPTANCE OF AN INMATE, IF IN THE OPINION OF
S. 1036 4 A. 1529
1 THE DIRECTOR OF SUCH ORGANIZATION, THE INMATE IS A DETRIMENT TO THE
2 PROGRAM OR PURPOSES OF THE ORGANIZATION OR HAS UNSATISFACTORILY ABIDED
3 BY THE TERMS AND CONDITIONS OF RESIDENCY IN THE ORGANIZATION.
4 4. THE DEPARTMENT IS AUTHORIZED TO ENTER INTO CONTRACT WITH COMMUNITY
5 CORRECTIONAL ORGANIZATIONS FOR THE PROVISION OF CARE, TREATMENT AND
6 SOCIAL REHABILITATION PROGRAMS FOR ELIGIBLE INMATES.
7 5. THE DEPARTMENT SHALL PROVIDE OR CONTRACT FOR NECESSARY MEDICAL,
8 DENTAL AND HEALTH SERVICES FOR INMATES RESIDING IN A COMMUNITY CORREC-
9 TIONAL ORGANIZATION.
10 S 109-H. CUSTODY AND SUPERVISION. 1. AN INMATE WHO IS RELEASED TO A
11 COMMUNITY CORRECTIONAL ORGANIZATION PURSUANT TO THIS ARTICLE SHALL
12 REMAIN IN THE LEGAL CUSTODY OF THE DEPARTMENT, SPECIFICALLY, OF THE
13 CORRECTIONAL FACILITY WHERE HE/SHE WAS LAST INCARCERATED, PENDING
14 HIS/HER PAROLE, CONDITIONAL RELEASE OR THE EXPIRATION OF THEIR SENTENCE.
15 2. THE COMMUNITY CORRECTIONAL ORGANIZATION ACCEPTING AN ELIGIBLE
16 INMATE SHALL HAVE THE FOLLOWING SUPERVISORY RESPONSIBILITIES DURING THE
17 INMATE`S TERM OF RESIDENCY IN THE ORGANIZATION`S PROGRAM:
18 (A) DAILY SUPERVISION;
19 (B) PROVISION OF ROOM, BOARD AND OTHER DAILY NECESSITIES;
20 (C) EDUCATIONAL, VOCATIONAL, COUNSELING AND INFORMATION SERVICES AND
21 RELATED PROGRAMS;
22 (D) FURLOUGH PROGRAMS AND TEMPORARY RELEASE ELIGIBILITY AND PARTIC-
23 IPATION;
24 (E) DISCIPLINARY PROCEDURES, EXCEPT AS PROVIDED IN SECTION ONE HUNDRED
25 NINE-I OF THIS ARTICLE;
26 (F) GRIEVANCE PROCEDURES;
27 (G) PROVISION OF MINISTERIAL OR OTHER RELIGIOUS PROGRAMS;
28 (H) TRANSFERAL OF AN INMATE TO AND FROM COURT APPEARANCES, EXCEPT THAT
29 SUCH COMMUNITY CORRECTIONAL ORGANIZATION MAY BE REIMBURSED BY THE
30 DEPARTMENT FOR COSTS OF SUCH TRANSPORTATION IN ACCORDANCE WITH THE RULES
31 AND REGULATIONS PROMULGATED BY THE COMMISSIONER;
32 (I) MAINTAINING FISCAL ACCOUNTS AND RECORDS OF INMATE FUNDS;
33 (J) TAKING CHARGE OF AND DISBURSING INMATE FUNDS; AND
34 (K) INMATE LABOR PURSUANT TO SECTION TWENTY-FOUR OF ARTICLE THREE OF
35 THE STATE CONSTITUTION AND ARTICLE SEVEN OF THIS CHAPTER.
36 3. THE COMMISSIONER MAY AT ANY TIME FOR ANY REASON TRANSFER AN INMATE
37 FROM A COMMUNITY CORRECTIONAL ORGANIZATION TO A CORRECTIONAL INSTITUTION
38 UNDER HIS JURISDICTION.
39 S 109-I. ABSCONDING. 1. THE COMMUNITY CORRECTIONAL ORGANIZATION
40 SUPERVISING AN INMATE SHALL WITHIN TWENTY-FOUR HOURS REPORT TO THE
41 DEPARTMENT WHEN AN INMATE IS ABSENT WITHOUT AN APPROVED LEAVE FROM THE
42 COMMUNITY CORRECTIONAL ORGANIZATION OR HAS BEEN REMOVED FROM THE COMMU-
43 NITY CORRECTIONAL ORGANIZATION.
44 2. IF AN INMATE IS ABSENT WITHOUT AN APPROVAL LEAVE OR IS REMOVED FROM
45 THE COMMUNITY CORRECTIONAL ORGANIZATION, HE/SHE MAY BE ARRESTED AND
46 RETURNED BY THE SUPERINTENDENT OF THE CORRECTIONAL FACILITY WHERE HE/SHE
47 WAS LAST INCARCERATED OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OR
48 BY ANY PEACE OFFICER WITHOUT A WARRANT; OR A MAGISTRATE MAY CAUSE SUCH
49 INMATES TO BE ARRESTED AND HELD IN CUSTODY UNTIL HE/SHE CAN BE REMOVED
50 TO A CORRECTIONAL FACILITY, AS IN THE CASE OF A COMMITMENT.
51 3. GOOD TIMES SHALL NOT BE CREDITED TO ANY INMATE FOR TIME SERVED IN A
52 COMMUNITY CORRECTIONAL ORGANIZATION WHERE THE INMATE HAS ABSCONDED OR
53 HAS BEEN REJECTED AFTER ADMISSION TO SUCH ORGANIZATION.
54 S 109-J. VISITATION OF INMATES IN COMMUNITY CORRECTIONAL ORGANIZA-
55 TIONS. AN INMATE IN A COMMUNITY CORRECTIONAL ORGANIZATION MAY BE
56 ALLOWED VISITORS ONLY IN ACCORDANCE WITH THE RULES AND REGULATIONS
S. 1036 5 A. 1529
1 PROMULGATED BY THE COMMUNITY CORRECTIONAL ORGANIZATION AND AS APPROVED
2 BY THE COMMISSION OF CORRECTION.
3 S 109-K. MENTALLY ILL INMATES. 1. WHENEVER THE DIRECTOR OR HIS
4 DESIGNEE OF A COMMUNITY CORRECTIONAL ORGANIZATION, UPON THE RECOMMENDA-
5 TION OF A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL, NOTIFIES THE DEPART-
6 MENT THAT AN INMATE WHO IS RESIDING IN A COMMUNITY CORRECTIONAL ORGAN-
7 IZATION IS BELIEVED TO BE MENTALLY ILL, THE INMATE MAY BE PICKED UP AND
8 RETURNED BY THE SUPERINTENDENT OF THE NEAREST CORRECTIONAL FACILITY OR
9 BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT FOR EXAMINATION BY A PHYSI-
10 CIAN OF THE DEPARTMENT PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER.
11 2. ANY INMATE, WHO SHALL HAVE BEEN CONFINED AS A MENTALLY ILL PERSON
12 PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER AND WHO SHALL HAVE RECOVERED
13 BEFORE THE EXPIRATION OF HIS/HER SENTENCE, SHALL BE CONSIDERED ELIGIBLE
14 FOR RECONSIDERATION FOR RELEASE TO A COMMUNITY CORRECTIONAL ORGANIZA-
15 TION.
16 S 109-L. PAROLE ELIGIBILITY. THE BOARD OF PAROLE MAY GRANT PAROLE TO
17 ANY INMATE OF A COMMUNITY CORRECTIONAL PROGRAM AT ANY TIME AFTER HE/SHE
18 BECOMES ELIGIBLE THEREOF. SUCH PAROLE SHALL BE IN ACCORDANCE WITH THE
19 PROVISIONS OF LAW THAT WOULD APPLY IF THE PERSON WERE STILL CONFINED IN
20 THE FACILITY FROM WHICH HE/SHE WAS TRANSFERRED, EXCEPT THAT ANY PERSONAL
21 APPEARANCE BEFORE THE BOARD MAY BE AT ANY PLACE DESIGNATED BY THE BOARD.
22 THE COMMUNITY CORRECTIONAL PROGRAM SHALL PROVIDE THE DIVISION OF PAROLE
23 WITH ANY PERTINENT INFORMATION REGARDING THE INMATE`S COURSE OF TREAT-
24 MENT WHICH WILL ASSIST IN MAKING A RELEASE DETERMINATION.
25 S 109-M. RELEASE FROM COMMUNITY CORRECTIONAL ORGANIZATION. THE
26 DEPARTMENT SHALL FURNISH TO EACH INMATE WHO SHALL BE RELEASED FROM A
27 COMMUNITY CORRECTIONAL ORGANIZATION BY PARDON, PAROLE, CONDITIONAL
28 RELEASE OR COMPLETION OF SENTENCE, SUITABLE CLOTHING ADAPTED TO THE
29 SEASON IN WHICH HE/SHE IS RELEASED NOT TO EXCEED A VALUE DETERMINED BY
30 THE COMMISSIONER WITH THE APPROVAL OF THE DIVISION OF THE BUDGET, ONE
31 HUNDRED DOLLARS IN MONEY, AND TRANSPORTATION TO THE COUNTY OF HIS
32 CONVICTION OR TO SUCH OTHER PLACE AS THE COMMISSIONER MAY DESIGNATE.
33 SUCH CLOTHING AND MONEY SHALL NOT BE FURNISHED UPON RELEASE FROM A
34 COMMUNITY CORRECTIONAL ORGANIZATION WHEN SUCH MONEY AND CLOTHING HAS
35 BEEN FURNISHED UPON PRIOR RELEASE FROM A CORRECTIONAL FACILITY PURSUANT
36 TO SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
37 S 109-N. COMPLAINT AND ABUSE REVIEW. ANY INMATE PARTICIPATING IN THE
38 COMMUNITY CORRECTIONAL ORGANIZATION PROGRAM MAY SUBMIT TO THE COMMISSION
39 OF CORRECTION ANY COMPLAINT HE/SHE MAY HAVE CONCERNING PROGRAMMATIC
40 ABUSES AS PRESCRIBED IN SECTION EIGHT HUNDRED FIFTY-SEVEN OF THIS CHAP-
41 TER.
42 S 109-O. INMATE AND COMMUNITY CORRECTIONAL ORGANIZATIONS NOT AGENTS OF
43 THE STATE. 1. AN INMATE RELEASED TO A COMMUNITY CORRECTIONAL ORGANIZA-
44 TION SHALL NOT, MERELY BY REASON OF HIS PLACEMENT BY THE DEPARTMENT, BE
45 DEEMED AN AGENT, EMPLOYEE OR SERVANT OF THE STATE WHILE RESIDING AND
46 WORKING OUTSIDE OF THE PREMISES OF A CORRECTIONAL FACILITY, PURSUANT TO
47 THE TERMS OF HIS/HER COMMUNITY CORRECTIONAL ORGANIZATION PLACEMENT.
48 2. A COMMUNITY CORRECTIONAL ORGANIZATION SHALL NOT, MERELY BY THE
49 PLACEMENT OF AN INMATE IN THE CUSTODY OF THE DEPARTMENT WITH SUCH ORGAN-
50 IZATION, BE DEEMED AN AGENT OF THE STATE FOR ANY PURPOSE.
51 S 7. Section 244 of the executive law, as amended by chapter 906 of
52 the laws of 1974, is amended to read as follows:
53 S 244. Hostels {and}, foster homes AND COMMUNITY CORRECTIONAL ORGAN-
54 IZATIONS. 1. The director is hereby authorized to provide or to pay
55 for care in a hostel or foster home OR COMMUNITY CORRECTIONAL ORGANIZA-
56 TION approved by him as suitable for such cases for any probationer or
S. 1036 6 A. 1529
1 parolee under the age of twenty-one years when the parole board or a
2 judge of a court determines that there is no other suitable home for
3 such probationer or parolee and that such probationer or parolee should
4 be placed in such hostel or foster home, OR COMMUNITY CORRECTIONAL
5 FACILITY. In addition to payment for such care, when ordered by the
6 board or court, the director is authorized to provide or pay for cloth-
7 ing and other necessities, including medical and psychiatric treatment,
8 required for the welfare of such probationer or parolee. The director
9 may also provide or contract for such care in any suitable facility
10 operated by a department of correction or by any other public or volun-
11 tary social welfare agency, institution or organization. A court with
12 respect to such a probationer and the parole board with respect to such
13 a parolee shall, subject to regulation by the director control admis-
14 sions to and discharges from such hostels {and}, foster homes AND COMMU-
15 NITY CORRECTIONAL ORGANIZATIONS. When placement is made in any hostel
16 or foster home OR COMMUNITY CORRECTIONAL ORGANIZATION, or in any facili-
17 ty other than a public institution, such placement whenever practicable
18 shall be in a hostel, or facility operated by or in the home of a person
19 or persons of the same religious faith as the probationer or parolee.
20 2. The director shall have authority and the duty to stimulate
21 programs for the development of hostels {and}, foster homes AND COMMUNI-
22 TY CORRECTIONAL ORGANIZATIONS for the care of probationers and parolees
23 under the age of twenty-one years.
24 S 8. Subdivision 2 of section 65.10 of the penal law is amended by
25 adding a new paragraph (m) to read as follows:
26 (M) PARTICIPATE IN A COMMUNITY CORRECTIONAL ORGANIZATION AS REFERRED
27 TO IN SECTION ONE HUNDRED NINE-G OF THE CORRECTION LAW AS DETERMINED BY
28 THE COURT IN CONSULTATION WITH THE DIVISION OF PROBATION AND CORRECTION-
29 AL ALTERNATIVES OR SUCH OTHER PUBLIC OR PRIVATE AGENCY AS THE COURT
30 DETERMINES TO BE APPROPRIATE.
31 S 9. The penal law is amended by adding a new section 205.14 to read
32 as follows:
33 S 205.14 ABSCONDING FROM A COMMUNITY CORRECTIONAL ORGANIZATION.
34 A PERSON IS GUILTY OF ABSCONDING FROM A COMMUNITY CORRECTIONAL ORGAN-
35 IZATION WHEN, HAVING BEEN COMMITTED BY A COURT TO SUCH ORGANIZATION OR
36 RELEASED TO SUCH ORGANIZATION PURSUANT TO ARTICLE FIVE-B OF THE
37 CORRECTION LAW, HE/SHE INTENTIONALLY LEAVES OR FAILS TO RETURN TO SUCH
38 ORGANIZATION AT OR BEFORE THE TIME PRESCRIBED FOR HIS/HER RETURN.
39 ABSCONDING FROM A COMMUNITY CORRECTIONAL ORGANIZATION IS A CLASS E
40 FELONY.
41 S 10. Section 530.10 of the criminal procedure law is amended to read
42 as follows:
43 S 530.10 Order of recognizance or bail; in general.
44 Under circumstances prescribed in this article, a court, upon applica-
45 tion of a defendant charged with or convicted of an offense OR OF A
46 PERSON CHARGED WITH VIOLATION OF A CONDITION OF PAROLE OR CONDITIONAL
47 RELEASE, is required or authorized to order bail or recognizance for the
48 release or prospective release of such defendant during the pendency of
49 either:
50 1. A criminal action based upon such charge; or
51 2. An appeal taken by the defendant from a judgment of conviction or
52 a sentence or from an order of an intermediate appellate court affirming
53 or modifying a judgment of conviction or a sentence; OR
54 3. A PAROLE OR CONDITIONAL RELEASE REVOCATION PROCEEDING BEFORE THE
55 BOARD OF PAROLE; THE BAIL PROVISIONS OF THIS SECTION SHALL APPLY WHEN
56 THE DEFENDANT IS INCARCERATED.
S. 1036 7 A. 1529
1 4. (A) THE DIVISION OF PAROLE SHALL RETAIN JURISDICTION OVER ANY
2 PERSON GRANTED BAIL PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE.
3 (B) THE PROVISIONS OF SUBDIVISION THREE SHALL ONLY APPLY TO INDIVID-
4 UALS WHO ARE INCARCERATED WITHIN THIS STATE, AND AGAINST WHOM NO ACCUSA-
5 TORY INSTRUMENT IS PENDING, WHICH INSTRUMENT ALLEGES COMMISSION OF A
6 CRIME COMMITTED WHILE THE DEFENDANT WAS ON PAROLE OR CONDITIONAL RELEASE
7 STATUS.
8 (C) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE THE
9 PROVISIONS OF ANY INTERSTATE AGREEMENT REGARDING UNIFORM DETENTION TO
10 WHICH THIS STATE IS A PARTY.
11 S 11. The criminal procedure law is amended by adding a new section
12 530.55 to read as follows:
13 S 530.55 ORDER OF RECOGNIZANCE OR BAIL DURING PENDENCY OF PAROLE OR
14 CONDITIONAL RELEASE REVOCATION HEARING.
15 THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE COUNTY COURT OR
16 DISTRICT COURT IN THE COUNTY WHERE THE DEFENDANT IS INCARCERATED SHALL
17 HAVE THE POWER TO ISSUE AN ORDER OF RECOGNIZANCE OR BAIL, PENDING THE
18 HOLDING OF A FINAL PAROLE OR CONDITIONAL RELEASE REVOCATION HEARING BY
19 THE STATE BOARD OF PAROLE AND THE DECISION RENDERED PURSUANT THERETO.
20 THE COURT MAKING SUCH ORDER SHALL USE THE CRITERIA SET FORTH IN PARA-
21 GRAPH (A) OF SUBDIVISION TWO OF SECTION 510.30 OF THIS CHAPTER.
22 S 12. Subdivision 1 of section 530.60 of the criminal procedure law,
23 as designated by chapter 788 of the laws of 1981, is amended to read as
24 follows:
25 1. Whenever in the course of a criminal action or proceeding OR A
26 PAROLE OR CONDITIONAL RELEASE REVOCATION HEARING, a defendant is at
27 liberty as a result of an order of recognizance or bail issued pursuant
28 to this article, and the court considers it necessary to review such
29 order, it may, and by a bench warrant if necessary, require the defend-
30 ant to appear before the court. Upon such appearance, the court, for
31 good cause shown, may revoke the order of recognizance or bail. If the
32 defendant is entitled to recognizance or bail as a matter of right, the
33 court must issue another such order. If he is not, the court may either
34 issue such an order or commit the defendant to the custody of the sher-
35 iff.
36 S 13. The sum of twenty million dollars ($20,000,000), or so much
37 thereof as may be necessary, is hereby appropriated from the general
38 fund to the commissioner for implementation of this act and administra-
39 tive expenses connected therewith. Such sum shall be payable on the
40 audit and warrant of the comptroller on vouchers certified or approved
41 by the commissioner or his duly designated representative as provided by
42 law.
43 S 14. This act shall take effect on the ninetieth day after it shall
44 have become a law.
.SO DOC C 1036/1529 *END* BTXT 1999
S T A T E O F N E W Y O R K
________________________________________________________________________
2989
1999-2000 Regular Sessions
I N A S S E M B L Y
January 27, 1999
___________
Introduced by M. of A. TOCCI -- Multi-Sponsored by -- M. of A. ABBATE,
CLARK, COOK, DINOWITZ, GLICK, HILL, HOCHBERG, JACOBS, LOPEZ, McENENY,
MILLMAN, SCARBOROUGH, TOKASZ, WEINSTEIN -- read once and referred to
the Committee on Labor
AN ACT to amend the labor law, in relation to ensuring prevailing wages
for employees hired by private entities to perform governmental func-
tions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The labor law is amended by adding a new section 195-a to
2 read as follows:
3 S 195-A. WAGES FOR FORMER GOVERNMENT EMPLOYEES RETAINED OR REHIRED FOR
4 PRIVATIZATION PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE
5 OR REGULATION, ANY EMPLOYER WHICH CONTRACTS WITH THE STATE OR ANY POLI-
6 TICAL SUBDIVISION THEREOF TO PERFORM FUNCTIONS AND OTHER WORK FOR THE
7 STATE OR SUCH SUBDIVISION FOR PURPOSES OF PRIVATIZATION SHALL PAY ANY
8 EMPLOYEE WHO WAS EMPLOYED BY THE STATE OR A POLITICAL SUBDIVISION, AND
9 WHO IS SUBSEQUENTLY RETAINED OR REHIRED BY SUCH EMPLOYER TO PERFORM
10 SUBSTANTIALLY SIMILAR DUTIES, WAGES SUBSTANTIALLY SIMILAR TO THAT WHICH
11 SUCH EMPLOYEE EARNED WHILE IN THE EMPLOY OF THE STATE OR A POLITICAL
12 SUBDIVISION.
13 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD05163-01-9
.SO DOC A 2989 *END* BTXT 1999
For More Information
Association of
Correction Officers Against Privatization
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