Bill > S04635

This bill modifies the legal framework for returning individuals to custody who violate conditions of presumptive release, parole, conditional release, or post-release supervision. The bill makes several significant changes to how violations are handled, including eliminating references to "technical violations" and "absconding," and adjusting the process for revocation hearings. Key modifications include changing the standard of proof at preliminary hearings from "preponderance of evidence" to "probable cause," allowing revocation hearings to be conducted at correctional facilities, and simplifying the process for determining when a person can be returned to custody. The bill removes previous limitations on reincarceration for specific types of violations and gives hearing officers more discretion in responding to violations, such as directing restoration to supervision, placing individuals in transition facilities, or recommending reincarceration. The legislation also updates procedural details about hearing notices, witness confrontation, and the rights of alleged violators, and includes provisions for addressing situations where an alleged violator may be mentally incapacitated. These changes aim to streamline the parole violation and revocation process while providing more flexibility to parole boards and hearing officers in managing community supervision.

Justice

https://www.nysenate.gov/legislation/bills/2025/S4635