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NY A10545
Bill
Status
5/28/2020
Primary Sponsor
Walter Mosley
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AI Summary
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Establishes definitions for "releasee," "technical violation," "absconding," and two tiers of technical violations (Tier 1 and Tier 2) in the Executive Law.
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Prohibits incarceration for any Tier 2 violation and limits reincarceration for Tier 1 violations with specific caps (7 days for first absconding violation, 15 days for second, 30 days for third; no incarceration for first two other substantiated Tier 1 violations, then 7-15-30 days for subsequent violations).
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Requires recognizance hearings within 24 hours of warrant execution for non-technical violations, with courts determining detention based on substantial risk of failure to appear using least restrictive non-monetary conditions with presumption of release on recognizance.
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Accelerates preliminary and final revocation hearing timelines (10 days for technical violations with notice of violation issued, 5-10 days for detained technical violators depending on potential sentence length) and removes the requirement that alleged violators be given notice 14 days prior to scheduled hearings.
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Eliminates "company of persons with criminal records" as a violation condition and restores releasees detained on the effective date pursuant to technical violation warrants to community supervision, either immediately or after 30 days depending on prior incarceration length.
Legislative Description
Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person.
Last Action
referred to correction
5/28/2020