S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4780
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 and the criminal procedure law, in
         relation to revocation proceedings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (i)  of  paragraph  (c) of subdivision 3 of
    2  section 259-i of the executive law, as amended by section 11 of  part  E
    3  of chapter 62 of the laws of 2003, is amended to read as follows:
    4    (i)  Within  fifteen days after the warrant for retaking and temporary
    5  detention has been executed, unless the releasee has been convicted of a
    6  new crime committed while under presumptive release, parole, conditional
    7  release or post-release supervision, the board of  parole  shall  afford
    8  the alleged presumptive release, parole, conditional release or post-re-
    9  lease  supervision  violator  a  preliminary revocation hearing before a
   10  hearing officer designated by the board of parole. Such hearing  officer
   11  shall  not  have  had any prior supervisory involvement over the alleged
   12  violator.  IF THE ALLEGED VIOLATOR CONTENDS OR IF IT REASONABLY APPEARS,
   13  THAT HE OR SHE IS AN INCAPACITATED PERSON, AS THAT TERM  IS  DEFINED  IN
   14  SUBDIVISION  ONE OF SECTION 730.10 OF THE CRIMINAL PROCEDURE LAW, AND NO
   15  JUDICIAL DETERMINATION HAS PREVIOUSLY BEEN MADE THAT THE ALLEGED  VIOLA-
   16  TOR  IS  AN  INCAPACITATED  PERSON,  THE  REVOCATION PROCEEDING SHALL BE
   17  STAYED AND THE MATTER SHALL BE REFERRED TO A COURT OF  COMPETENT  JURIS-
   18  DICTION  FOR  DETERMINATION OF THE ALLEGED VIOLATOR'S FITNESS TO PROCEED
   19  IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED THIRTY OF THE
   20  CRIMINAL PROCEDURE LAW. IF THE COURT DETERMINES THAT THE ALLEGED  VIOLA-
   21  TOR  IS  NOT  AN  INCAPACITATED  PERSON,  THE COURT SHALL ORDER THAT THE
   22  MATTER BE RETURNED TO THE BOARD OF PAROLE FOR CONTINUATION AND  DISPOSI-
   23  TION  OF  THE  REVOCATION  PROCEEDING.  IF THE COURT DETERMINES THAT THE
   24  ALLEGED VIOLATOR IS AN INCAPACITATED PERSON, THE COURT SHALL PROCEED  IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10451-02-5
       S. 4780                             2
    1  ACCORDANCE  WITH  THE  PROVISIONS OF ARTICLE SEVEN HUNDRED THIRTY OF THE
    2  CRIMINAL PROCEDURE LAW.
    3    S 2. Subdivision 2 of section 730.10 of the criminal procedure law, as
    4  amended  by  chapter  566  of  the  laws  of 1994, is amended to read as
    5  follows:
    6    2. "Order of examination" means an  order  issued  to  an  appropriate
    7  director  by  a  criminal  court  wherein  a  criminal action is pending
    8  against a defendant[,] or AGAINST AN ALLEGED VIOLATOR IN A PAROLE  REVO-
    9  CATION  PROCEEDING  AGAINST  AN  ALLEGED  VIOLATOR, OR by a family court
   10  pursuant to section 322.1 of the family court  act  wherein  a  juvenile
   11  delinquency  proceeding  is  pending  against a juvenile, directing that
   12  such person be examined for the purpose of determining if he is an inca-
   13  pacitated person.
   14    S 3. This act shall take effect on the one hundred eightieth day after
   15  it shall have become a law.