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Bill > S01144


NY S01144

NY S01144
Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.


summary

Introduced
01/07/2021
In Committee
06/10/2021
Crossed Over
06/10/2021
Passed
09/17/2021
Dead
Signed/Enacted/Adopted
09/17/2021

Introduced Session

2021-2022 General Assembly

Bill Summary

Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.

AI Summary

This bill modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision (such as parole, conditional release, or post-release supervision) of a person. Key provisions include: - Defining important terms like "releasee," "technical violation," "non-technical violation," and "absconding." - Establishing new requirements for preliminary and final revocation hearings, including holding them in courthouses rather than correctional facilities and requiring the government to have the burden of proof. - Allowing earned time credits to be awarded for time in compliance with supervision conditions, and limiting the use of incarceration as a sanction for technical violations. - Providing a right to appeal non-technical violation findings to a court, where the court can review the issues de novo. - Requiring the parole board to facilitate the presence of nonprofit service providers at revocation hearings to help releasees successfully complete supervision. Overall, the bill aims to reform the community supervision revocation process by increasing due process protections, limiting incarceration for technical violations, and promoting reintegration into the community.

Committee Categories

Budget and Finance, Housing and Urban Affairs, Justice

Sponsors (28)

Last Action

SIGNED CHAP.427 (on 09/17/2021)

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