NY A05576

Changes the standard of proof for sustaining parole violations from preponderance of the evidence to clear and convincing evidence at final revocation hearings.

Establishes earned time credits for individuals on community supervision, reducing supervision periods by 30 days for every 30 days of compliance, with retroactive credits up to 2 years for those currently supervised.

Restricts incarceration for technical violations to specific circumstances, prohibiting imprisonment for violations such as curfew violations, alcohol/drug use (with exceptions), failure to pay fees, and other non-criminal conduct.

Creates a recognizance hearing process before a criminal court judge within 24 hours of warrant execution to determine if detention pending revocation is necessary, with a presumption of release on non-monetary conditions.

Allows individuals to appeal violations that would constitute misdemeanor or felony charges to a criminal court for de novo review, with appointed counsel for those unable to afford representation.