STATE OF NEW YORK ________________________________________________________________________ 6263 2025-2026 Regular Sessions IN ASSEMBLY February 27, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Correction AN ACT to amend the executive law, in relation to renaming the state board of parole; and to amend the correction law, the criminal proce- dure law, the judiciary law, the mental hygiene law, the public health law and the penal law, in relation to making conforming changes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 12-B of the executive law, 2 as amended by section 105 of subpart B of part C of chapter 62 of the 3 laws of 2011, is amended to read as follows: 4 STATE BOARD OF [PAROLE] RE-ENTRY 5 § 2. Paragraphs (c) and (e) of subdivision 1 of section 169 of the 6 executive law, paragraph (c) as amended by section 9 of part A of chap- 7 ter 60 of the laws of 2012 and paragraph (e) as amended by section 2-a 8 of part AA of chapter 56 of the laws of 2019, are amended to read as 9 follows: 10 (c) commissioner of agriculture and markets, commissioner of alcohol- 11 ism and substance abuse services, adjutant general, commissioner and 12 president of state civil service commission, commissioner of economic 13 development, chair of the energy research and development authority, 14 president of higher education services corporation, commissioner of 15 motor vehicles, member-chair of board of [parole] re-entry, chair of 16 public employment relations board, secretary of state, commissioner of 17 [alcoholism and substance abuse] addiction services and supports, execu- 18 tive director of the housing finance agency, commissioner of housing and 19 community renewal, executive director of state insurance fund, commis- 20 sioner-chair of state liquor authority, and chair of the workers' 21 compensation board; 22 (e) chairperson of state athletic commission, director of the office 23 of victim services, chairperson of human rights appeal board, chair- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10333-01-5
A. 6263 2 1 person of the industrial board of appeals, chairperson of the state 2 commission of correction, members of the board of [parole] re-entry, 3 member-chairperson of unemployment insurance appeal board, director of 4 veterans' services, and vice-chairperson of the workers' compensation 5 board; 6 § 3. Section 244 of the executive law, as amended by section 19 of 7 part A of chapter 56 of the laws of 2010, is amended to read as follows: 8 § 244. Hostels and foster homes. 1. The office is hereby authorized to 9 provide or to pay for care in a hostel or foster home approved by the 10 office as suitable for such cases for any probationer or parolee under 11 the age of twenty-one years when the [parole] board of re-entry or a 12 judge of a court determines that there is no other suitable home for 13 such probationer or parolee and that such probationer or parolee should 14 be placed in such hostel or foster home. In addition to payment for such 15 care, when ordered by the board or court, the office is authorized to 16 provide or pay for clothing and other necessities, including medical and 17 psychiatric treatment, required for the welfare of such probationer or 18 parolee. The office may also provide or contract for such care in any 19 suitable facility operated by a department of correction or by any other 20 public or voluntary social welfare agency, institution or organization. 21 A court with respect to such a probationer and the [parole] board of 22 re-entry with respect to such a parolee shall, subject to regulation by 23 the division control admissions to and discharges from such hostels and 24 foster homes. When placement is made in any hostel or foster home, or 25 in any facility other than a public institution, such placement whenever 26 practicable shall be in a hostel, or facility operated by or in the home 27 of a person or persons of the same religious faith as the probationer or 28 parolee. 29 2. The office shall have authority and the duty to stimulate programs 30 for the development of hostels and foster homes for the care of proba- 31 tioners and parolees under the age of twenty-one years. 32 § 4. Subdivision 1 of section 259 of the executive law, as added by 33 section 37 of subpart A of part C of chapter 62 of the laws of 2011, is 34 amended and a new subdivision 9 is added to read as follows: 35 1. "Board" means the state board of [parole] re-entry. 36 9. "Division" means the division of criminal justice services. 37 § 5. Section 259-a of the executive law, as added by section 38 of 38 subpart A of part C of chapter 62 of the laws of 2011, is amended to 39 read as follows: 40 § 259-a. State board of [parole] re-entry; funding. The annual budget 41 submitted by the governor shall separately state the recommended appro- 42 priations for the state board of [parole] re-entry. Upon enactment, 43 these separately stated appropriations for the state board of [parole] 44 re-entry shall not be decreased by interchange with any other appropri- 45 ation, notwithstanding section fifty-one of the state finance law. 46 § 6. The section heading and subdivisions 1 and 3 of section 259-b of 47 the executive law, the section heading and subdivision 1 as amended by 48 section 38-a of subpart A of part C of chapter 62 of the laws of 2011 49 and subdivision 3 as amended by chapter 135 of the laws of 2013, are 50 amended to read as follows: 51 State board of [parole] re-entry; organization. 1. There shall be in 52 the department a state board of [parole] re-entry which shall possess 53 the powers and duties hereinafter specified. The board shall function 54 independently of the department regarding all of its decision-making 55 functions, as well as any other powers and duties specified in this 56 article, provided, however, that administrative matters of general
A. 6263 3 1 applicability within the department shall be applicable to the board. 2 Such board shall consist of not more than nineteen members appointed by 3 the governor with the advice and consent of the senate. The term of 4 office of each member of such board shall be for six years; provided, 5 however, that any member chosen to fill a vacancy occurring otherwise 6 than by expiration of term shall be appointed for the remainder of the 7 unexpired term of the member whom [he] such member is to succeed. In the 8 event of the inability to act of any member, the governor may appoint 9 some competent informed person to act in [his] the member's stead during 10 the continuance of such disability. 11 3. The governor shall designate one of the members of the board as 12 [chairman] chairperson to serve in such capacity at the pleasure of the 13 governor or until the member's term of office expires and a successor is 14 designated in accordance with law, whichever first occurs. The [chair- 15 man] chairperson shall be responsible for the administrative functions 16 and daily operations of the [parole] board and its staff, except as 17 otherwise provided by law. 18 § 7. The section heading, the opening paragraph and subdivisions 4, 12 19 and 13 of section 259-c of the executive law, the section heading and 20 the opening paragraph as amended by section 38-b of subpart A of part C 21 of chapter 62 of the laws of 2011, subdivisions 4 and 12 as amended by 22 chapter 322 of the laws of 2021 and subdivision 13 as amended by chapter 23 292 of the laws of 2018, are amended to read as follows: 24 State board of [parole] re-entry; functions, powers and duties. The 25 state board of [parole] re-entry shall: 26 4. establish written procedures for its use in making parole decisions 27 as required by law. Such written procedures shall incorporate risk and 28 needs principles to measure the rehabilitation of persons appearing 29 before the board, the likelihood of success of such persons upon 30 release, and assist members of the state board of [parole] re-entry in 31 determining which incarcerated individuals may be released to parole 32 supervision; 33 12. to facilitate the supervision of all incarcerated individuals 34 released on community supervision the [chairman] chairperson of the 35 state board of [parole] re-entry shall consider the implementation of a 36 program of graduated sanctions, including but not limited to the utili- 37 zation of a risk and needs assessment instrument that would be adminis- 38 tered to all incarcerated individuals eligible for parole supervision. 39 Such a program would include various components including the use of 40 alternatives to incarceration for technical parole violations; 41 13. transmit a report of the work of the state board of [parole] 42 re-entry for the preceding calendar year to the governor and the legis- 43 lature annually. Such report shall include statistical information 44 regarding the demographics of persons granted release and considered for 45 release to community supervision or deportation, including but not 46 limited to age, gender, race, ethnicity, region of commitment and other 47 relevant categories of classification and commitment; 48 § 8. Subdivision 1 of section 259-d of the executive law, as amended 49 by section 38-b-2 of subpart A of part C of chapter 62 of the laws of 50 2011, is amended to read as follows: 51 1. The state board of [parole] re-entry shall appoint and shall have 52 the power to remove, in accordance with the provisions of the civil 53 service law, hearing officers who shall be authorized to conduct parole 54 revocation proceedings. Hearing officers shall function independently of 55 the department regarding all of their decision-making functions, and 56 shall report directly to the board, provided, however, that administra-
A. 6263 4 1 tive matters of general applicability within the department shall be 2 applicable to all hearing officers. A hearing officer conducting such 3 proceedings shall, when delegated such authority by the board in rules 4 adopted by the board, be required to make a written decision in accord- 5 ance with standards and rules adopted by the board. Nothing in this 6 article shall be deemed to preclude a member of the state board of 7 [parole] re-entry from exercising all of the functions, powers and 8 duties of a hearing officer upon request of the [chairman] chairperson. 9 § 9. Section 259-e of the executive law, as amended by chapter 322 of 10 the laws of 2021, is amended to read as follows: 11 § 259-e. Institutional parole services. The department shall provide 12 institutional parole services. Such services shall include preparation 13 of reports and other data required by the state board of [parole] re-en- 14 try in the exercise of its functions with respect to release on presump- 15 tive release, parole, conditional release or post-release supervision of 16 incarcerated individuals. Additionally, the department shall determine 17 which incarcerated individuals are in need of a deaf language interpret- 18 er or an English language interpreter, and shall inform the board of 19 such need within a reasonable period of time prior to an incarcerated 20 individual's scheduled appearance before the board. Employees of the 21 department who collect data, interview incarcerated individuals and 22 prepare reports for the state board of [parole] re-entry in institutions 23 under the jurisdiction of the department shall work under the direct 24 supervision of the deputy commissioner of the department in charge of 25 program services. Data and reports submitted to the board shall address 26 the statutory factors to be considered by the board pursuant to the 27 relevant provisions of section two hundred fifty-nine-i of this article. 28 § 10. Subdivision 5 of section 259-h of the executive law, as amended 29 by chapter 322 of the laws of 2021, is amended to read as follows: 30 5. The provisions of this section shall not be construed as diminish- 31 ing the discretionary authority of the board of [parole] re-entry to 32 determine whether or not an incarcerated individual is to be paroled. 33 § 11. Subparagraph (iii) of paragraph (f) of subdivision 3, paragraph 34 (b) of subdivision 6 and subdivision 8 of section 259-i of the executive 35 law, subparagraph (iii) of paragraph (f) of subdivision 3 as amended by 36 chapter 427 of the laws of 2021, paragraph (b) of subdivision 6 as 37 added by section 1 of part T of chapter 62 of the laws of 2003 and 38 subdivision 8 as amended by chapter 9 of the laws of 2017, are amended 39 to read as follows: 40 (iii) Both the alleged violator and an attorney who has filed a notice 41 of appearance on [his or her] the alleged violator's behalf in accord- 42 ance with the rules of the board of [parole] re-entry shall be given 43 written notice of the date, place and time of the hearing pursuant to 44 subparagraph (ix) of paragraph (c) of this subdivision. 45 (b) The [chairman] chairperson of the board of [parole] re-entry shall 46 maintain records of all parole interviews and hearings for a period of 47 twenty-five years from the date of the parole release interview or until 48 expiration of the maximum term of sentence. 49 8. Foreign born or non-English speaking person before the board. Upon 50 notification from the department pursuant to section two hundred fifty- 51 nine-e of this article, or upon the request of any foreign born or non- 52 English speaking person who is scheduled to participate in an interview, 53 parole release hearing, preliminary hearing or revocation hearing, there 54 shall be appointed from the New York state office of general services 55 statewide administrative services contract, a qualified interpreter to 56 interpret the proceedings to and the statements or testimony of such
A. 6263 5 1 person. The board shall determine a reasonable fee for all such inter- 2 preting services, the cost of which shall be a charge upon the board of 3 [parole] re-entry. No such request or appointment shall cause a delay of 4 release from incarceration of such person. 5 § 12. Subdivisions 1, 2 and 3 of section 259-j of the executive law, 6 as amended by section 38-g of subpart A of part C of chapter 62 of the 7 laws of 2011, are amended to read as follows: 8 1. Except where a determinate sentence was imposed for a felony other 9 than a felony defined in article two hundred twenty [or article two 10 hundred twenty-one] of the penal law, if the board of [parole] re-entry 11 is satisfied that an absolute discharge from presumptive release, 12 parole, conditional release or release to a period of post-release 13 supervision is in the best interests of society, the board may grant 14 such a discharge prior to the expiration of the full term or maximum 15 term to any person who has been on unrevoked community supervision for 16 at least three consecutive years. A discharge granted under this section 17 shall constitute a termination of the sentence with respect to which it 18 was granted. No such discharge shall be granted unless the board is 19 satisfied that the parolee or releasee, otherwise financially able to 20 comply with an order of restitution and the payment of any mandatory 21 surcharge, sex offender registration fee or DNA databank fee previously 22 imposed by a court of competent jurisdiction, has made a good faith 23 effort to comply therewith. 24 2. The [chairman] chairperson of the board of [parole] re-entry shall 25 promulgate rules and regulations governing the issuance of discharges 26 from community supervision pursuant to this section to assure that such 27 discharges are consistent with public safety. 28 3. Notwithstanding any other provision of this section to the contra- 29 ry, where a term of post-release supervision in excess of five years has 30 been imposed on a person convicted of a crime defined in article one 31 hundred thirty of the penal law, including a sexually motivated felony, 32 the board of [parole] re-entry may grant a discharge from post-release 33 supervision prior to the expiration of the maximum term of post-release 34 supervision. Such a discharge may be granted only after the person has 35 served at least five years of post-release supervision, and only to a 36 person who has been on unrevoked post-release supervision for at least 37 three consecutive years. No such discharge shall be granted unless the 38 board of [parole] re-entry or the department acting pursuant to its 39 responsibility under subdivision one of section two hundred one of the 40 correction law consults with any licensed psychologist, qualified 41 psychiatrist, or other mental health professional who is providing care 42 or treatment to the supervisee; and the board: (a) determines that a 43 discharge from post-release supervision is in the best interests of 44 society; and (b) is satisfied that the supervisee, otherwise financially 45 able to comply with an order of restitution and the payment of any 46 mandatory surcharge, sex offender registration fee, or DNA data bank fee 47 previously imposed by a court of competent jurisdiction, has made a good 48 faith effort to comply therewith. Before making a determination to 49 discharge a person from a period of post-release supervision, the board 50 of [parole] re-entry may request that the commissioner of the office of 51 mental health arrange a psychiatric evaluation of the supervisee. A 52 discharge granted under this section shall constitute a termination of 53 the sentence with respect to which it was granted. 54 § 13. Subdivisions 1, 2 and 4 of section 259-k of the executive law, 55 as amended by section 38-i of subpart A of part C of chapter 62 of the 56 laws of 2011, are amended to read as follows:
A. 6263 6 1 1. All case files shall be maintained by the department for use by the 2 department and board. The department and board and authorized officers 3 and employees thereof shall have complete access to such files and the 4 board of [parole] re-entry shall have the right to make such entries as 5 the board of [parole] re-entry shall deem appropriate in accordance with 6 law. 7 2. The board shall make rules for the purpose of maintaining the 8 confidentiality of records, information contained therein and informa- 9 tion obtained in an official capacity by officers, employees or members 10 of the board of [parole] re-entry. 11 4. Upon a determination by the department and board of [parole] re-en- 12 try that records regarding an individual presently under the supervision 13 of the department are relevant to an investigation of child abuse or 14 maltreatment conducted by a child protective service pursuant to title 15 six of article six of the social services law, the department and board 16 shall provide the records determined to be relevant to the child protec- 17 tive service conducting the investigation. The department and board 18 shall promulgate rules for the transmission of records required to be 19 provided under this section. 20 § 14. Subdivisions 1 and 2 of section 259-l of the executive law, 21 subdivision 1 as amended by chapter 322 of the laws of 2021 and subdivi- 22 sion 2 as amended by section 38-j of subpart A of part C of chapter 62 23 of the laws of 2011, are amended to read as follows: 24 1. It shall be the duty of the commissioner of corrections and commu- 25 nity supervision to ensure that all officers and employees of the 26 department shall at all times cooperate with the board of [parole] 27 re-entry and shall furnish to such members of the board and employees of 28 the board such information as may be appropriate to enable them to 29 perform their independent decision making functions. It is also [his or 30 her] the commissioner's duty to ensure that the functions of the board 31 of [parole] re-entry are not hampered in any way, including but not 32 limited to: a restriction of resources including staff assistance; 33 limited access to vital information; and presentation of an incarcerated 34 individual's information in a manner that may inappropriately influence 35 the board in its decision making. Where an incarcerated individual has 36 appeared before the board prior to having completed any program assigned 37 by the department, and such program remains incomplete by no fault of 38 the incarcerated individual, and where the board has denied such incar- 39 cerated individual release pursuant to paragraph (a) of subdivision two 40 of section two hundred fifty-nine-i of this article, the department 41 shall prioritize such an incarcerated individual's placement into the 42 assigned program. 43 2. The official in charge of each institution wherein any person is 44 confined under a definite sentence of imprisonment, all officers and 45 employees thereof and all other public officials shall at all times 46 cooperate with the board of [parole] re-entry, and shall furnish to such 47 board, its officers and employees such information as may be required by 48 the board to perform its functions hereunder. The members of the board, 49 its officers and employees shall at all times be given free access to 50 all persons confined in any such institution under such sentence and 51 shall be furnished with appropriate working space in such institution 52 for such purpose without charge therefor. 53 § 15. Subdivision 2 of section 259-m of the executive law, as added by 54 chapter 904 of the laws of 1977, is amended to read as follows: 55 2. The [chairman] chairperson of the board of [parole] re-entry shall 56 have power and shall be charged with the duty of promulgating such rules
A. 6263 7 1 and regulations as may be deemed necessary to carry out the terms of a 2 compact entered into by the state pursuant to this section. 3 § 16. Subdivision 3 of section 259-o of the executive law, as amended 4 by chapter 211 of the laws of 1985, is amended to read as follows: 5 3. Whenever there is reasonable cause to believe that a person 6 released on parole in this state but under the parole supervision of 7 another state pursuant to section two hundred fifty-nine-m of this arti- 8 cle has violated the conditions thereof, any person duly authorized in 9 such other state to conduct preliminary violation hearings, upon request 10 of the [chairman] chairperson of the board of [parole] re-entry, may 11 conduct such hearing, unless such hearing is waived by the parolee. The 12 preliminary violation hearing and the determinations made thereat shall 13 have the same force and effect as preliminary violation hearing 14 conducted in this state by the board of [parole] re-entry or a member, 15 hearing officer or panel thereof. 16 § 17. Subdivisions 1, 2, 3, 4 and 6 of section 259-q of the executive 17 law, subdivisions 1, 2 and 6 and paragraph (b) of subdivision 4 as 18 amended by section 38-k-1 of subpart A of part C of chapter 62 of the 19 laws of 2011, subdivision 3 as amended by chapter 120 of the laws of 20 2017, and subdivision 4 as added by chapter 466 of the laws of 1978, are 21 amended to read as follows: 22 1. No civil action shall be brought in any court of the state, except 23 by the attorney general on behalf of the state, against any officer or 24 employee of the board of [parole] re-entry or former division of parole, 25 in [his] a personal capacity, for damages arising out of any act done or 26 the failure to perform any act within the scope of the employment and in 27 the discharge of the duties by such officer or employee. 28 2. Any claim for damages arising out of any act done or the failure to 29 perform any act within the scope of the employment and in the discharge 30 of the duties of any officer or employee of the board of [parole] re-en- 31 try or former division of parole shall be brought and maintained in the 32 court of claims as a claim against the state. 33 3. The state shall save harmless and indemnify any officer or employee 34 of the board of [parole] re-entry or former division of parole from 35 financial loss resulting from a claim filed in a court of the United 36 States for damages arising out of an act done or the failure to perform 37 any act that was (a) within the scope of the employment and in the 38 discharge of the duties of such officer or employee, and (b) not done or 39 omitted with the intent to violate any rule or regulation of the depart- 40 ment, board or former division or of any statute or governing case law 41 of the state or of the United States at the time the damages were 42 sustained; provided that the officer or employee shall comply with the 43 provisions of subdivision four of section seventeen of the public offi- 44 cers law. 45 4. (a) The provisions of this section shall supplement, and be avail- 46 able in addition to, the provisions of section seventeen of the public 47 officers law and, insofar as this section is inconsistent with section 48 seventeen of the public officers law, the provisions of this section 49 shall be controlling. 50 (b) The provisions of this section shall not be construed in any way 51 to impair, modify or abrogate any immunity available to any officer or 52 employee of the board of [parole] re-entry or former division of parole 53 under the statutory or decisional law of the state or the United States. 54 6. The benefits of subdivision three [hereof] of this section shall 55 inure only to officers and employees of the board of [parole] re-entry
A. 6263 8 1 or former division of parole and shall not enlarge or diminish the 2 rights of any other party. 3 § 18. Subdivisions 10 and 11 of section 259-r of the executive law, 4 as amended by chapter 322 of the laws of 2021, are amended to read as 5 follows: 6 10. Notwithstanding any other provision of law, in the case of an 7 incarcerated individual whose terminal condition, disease or syndrome 8 meets the criteria for medical parole as set forth in paragraph (a) of 9 subdivision one of this section, and who is not serving a sentence for 10 one or more offenses set forth in paragraph (i) of subdivision one of 11 section eight hundred six of the correction law which would render such 12 incarcerated individual ineligible for presumptive release, the granting 13 of medical parole shall be determined by the commissioner provided that 14 a release of such incarcerated individual shall be in accordance with 15 subdivision eleven of this section. In such case, the provisions that 16 would have applied to and the procedures that would have been followed 17 by the board of [parole] re-entry pursuant to this section shall apply 18 to and be followed by the commissioner. 19 11. (a) After the commissioner has made a determination to grant 20 medical parole pursuant to subdivision ten of this section, the commis- 21 sioner shall notify the chairperson of the board of [parole] re-entry, 22 or their designee who shall be a member of the board of [parole] re-en- 23 try, and provide [him or her] the chairperson or the chairperson's 24 designee with all relevant records, files, information and documenta- 25 tion, which includes but is not limited to the criminal history, medical 26 diagnosis and treatment pertaining to the terminally ill incarcerated 27 individual no more than five days from the date of the determination. 28 (b) The chairperson or [his or her] the chairperson's designee shall 29 either accept the commissioner's grant of medical parole, in which case 30 the incarcerated individual may be released by the commissioner, or 31 conduct further review. This decision or review shall be made within 32 five days of the receipt of the relevant records, files, information and 33 documentation from the commissioner. The chairperson's further review 34 may include, but not be limited to, an appearance by the terminally ill 35 incarcerated individual before the chairperson or [his or her] the 36 chairperson's designee. (c) After this further review, the chairperson 37 shall either accept the commissioner's grant of medical parole, in which 38 case the incarcerated individual may be released by the commissioner, or 39 the chairperson shall schedule an appearance for the terminally ill 40 incarcerated individual before the board of [parole] re-entry. 41 In the event the terminally ill incarcerated individual is scheduled 42 to make an appearance before the board of [parole] re-entry pursuant to 43 this subdivision, the matter shall be heard by a panel that does not 44 include the chairperson or any member of the board of [parole] re-entry 45 who was involved in the review of the commissioner's determination. 46 § 19. Paragraph (b) of subdivision 2 of section 259-s of the executive 47 law, as amended by chapter 322 of the laws of 2021, is amended to read 48 as follows: 49 (b) The commissioner, or the commissioner's designee, shall review the 50 diagnosis and may certify that the incarcerated individual is suffering 51 from such condition, disease or syndrome and that the incarcerated indi- 52 vidual is so debilitated or incapacitated as to create a reasonable 53 probability that [he or she] the incarcerated individual is physically 54 or cognitively incapable of presenting any danger to society. If the 55 commissioner does not so certify then the incarcerated individual shall 56 not be referred to the board for consideration for release on medical
A. 6263 9 1 parole. If the commissioner does so certify, then the commissioner 2 shall, within seven working days of receipt of such diagnosis, refer the 3 incarcerated individual to the board for consideration for release on 4 medical parole. However, no such referral of an incarcerated individual 5 to the board of [parole] re-entry shall be made unless the incarcerated 6 individual has been examined by a physician and diagnosed as having a 7 condition, disease or syndrome as previously described herein at some 8 time subsequent to such incarcerated individual's admission to a facili- 9 ty operated by the department. 10 § 20. Section 259-t of the executive law, as added by chapter 487 of 11 the laws of 2021, is amended to read as follows: 12 § 259-t. Permitted activities. Where any person is granted presumptive 13 release, parole, conditional release, release to post-release super- 14 vision or any other type of supervised release, the state board of 15 [parole] re-entry shall not deem a person to be in violation of and the 16 state board of [parole] re-entry shall not terminate such granted 17 presumptive release, parole, conditional release, release to post-re- 18 lease supervision or any other type of supervised release solely because 19 such person engaged in bona fide work for an employer, including travel 20 time to or from bona fide work, during curfew times set by conditions of 21 probation, parole, presumptive release, conditional release or release 22 to post-release supervision. For purposes of this section, bona fide 23 work is work performed as an employee for an employer, as defined in 24 section two of the labor law. 25 § 21. Section 259-t of the executive law, as added by chapter 492 of 26 the laws of 2021, is amended to read as follows: 27 § [259-t] 259-u. Permitted activities. Where any person is granted 28 presumptive release, parole, conditional release, release to post-re- 29 lease supervision or any other type of supervised release, the state 30 board of [parole] re-entry shall not deem a person to be in violation of 31 and the state board of [parole] re-entry shall not terminate such grant- 32 ed presumptive release, parole, conditional release, release to post-re- 33 lease supervision or any other type of supervised release solely because 34 such person participated in work related labor protests, or in a lawful 35 labor dispute, strike or other concerted stoppage of work or slowdown 36 pursuant to article twenty of the labor law or the national labor 37 relations act (29 U.S.C. sections 151 et. seq.). 38 § 22. Subparagraph (iii) of paragraph (c) of subdivision 1 of section 39 632-a of the executive law, as amended by section 100 of subpart B of 40 part C of chapter 62 of the laws of 2011, is amended to read as follows: 41 (iii) is no longer subject to a sentence of probation or conditional 42 discharge or indeterminate, determinate or definite term of imprisonment 43 or period of post-release supervision or term of supervised release, and 44 where within the previous three years: the full or maximum term or peri- 45 od terminated or expired or such person was granted a discharge by the 46 state board of [parole] re-entry or the department of corrections and 47 community supervision pursuant to applicable law, or granted a discharge 48 or termination from probation pursuant to applicable law or granted a 49 discharge or termination under applicable federal or state law, rules or 50 regulations prior to the expiration of such full or maximum term or 51 period; and includes only: (A) those funds paid to such person as a 52 result of any interest, right, right of action, asset, share, claim, 53 recovery or benefit of any kind that the person obtained, or that 54 accrued in favor of such person, prior to the expiration of such 55 sentence, term or period; (B) any recovery or award collected in a 56 lawsuit after expiration of such sentence where the right or cause of
A. 6263 10 1 action accrued prior to the expiration or service of such sentence; and 2 (C) earned income earned during a period in which such person was not in 3 compliance with the conditions of [his or her] probation, parole, condi- 4 tional release, period of post-release supervision by the department of 5 corrections and community supervision or term of supervised release with 6 the United States probation office or United States parole commission. 7 For purposes of this subparagraph, such period of non-compliance shall 8 be measured, as applicable, from the earliest date of delinquency deter- 9 mined by the department of corrections and community supervision, or 10 from the earliest date on which a declaration of delinquency is filed 11 pursuant to section 410.30 of the criminal procedure law and thereafter 12 sustained, or from the earliest date of delinquency determined in 13 accordance with applicable federal law, rules or regulations, and shall 14 continue until a final determination sustaining the violation has been 15 made by the trial court, the department of corrections and community 16 supervision, or appropriate federal authority. 17 § 23. Subdivision 9 of section 2 of the correction law, as amended by 18 chapter 476 of the laws of 1970, is amended to read as follows: 19 9. "Diagnostic and treatment center". A correctional facility operated 20 for the purpose of providing intensive physical, mental and sociological 21 diagnostic and treatment services including pre-parole diagnostic evalu- 22 ation, where requested by the board of [parole] re-entry, and scientific 23 study of the social and mental aspects of the causes of crime. 24 § 24. Subdivision 1 of section 24 of the correction law, as amended by 25 section 11 of subpart A of part C of chapter 62 of the laws of 2011, is 26 amended to read as follows: 27 1. No civil action shall be brought in any court of the state, except 28 by the attorney general on behalf of the state, against any officer or 29 employee of the department, which for purposes of this section shall 30 include members of the state board of [parole] re-entry, in [his or her] 31 a personal capacity, for damages arising out of any act done or the 32 failure to perform any act within the scope of the employment and in the 33 discharge of the duties by such officer or employee. 34 § 25. Subdivision 2 of section 29 of the correction law, as amended by 35 section 12 of subpart A of part C of chapter 62 of the laws of 2011, is 36 amended to read as follows: 37 2. The commissioner shall make rules as to the privacy of records, 38 statistics and other information collected, obtained and maintained by 39 the department, its institutions or the board of [parole] re-entry and 40 information obtained in an official capacity by officers, employees or 41 members thereof. 42 § 26. Section 71-a of the correction law, as amended by chapter 322 of 43 the laws of 2021, is amended to read as follows: 44 § 71-a. Transitional accountability plan. Upon admission of an incar- 45 cerated individual committed to the custody of the department under an 46 indeterminate or determinate sentence of imprisonment, the department 47 shall develop a transitional accountability plan. Such plan shall be a 48 comprehensive, dynamic and individualized case management plan based on 49 the programming and treatment needs of the incarcerated individual. The 50 purpose of such plan shall be to promote the rehabilitation of the 51 incarcerated individual and their successful and productive reentry and 52 reintegration into society upon release. To that end, such plan shall be 53 used to prioritize programming and treatment services for the incarcer- 54 ated individual during incarceration and any period of community super- 55 vision. The commissioner may consult with the office of mental health, 56 the office of [alcoholism and substance abuse] addiction services and
A. 6263 11 1 supports, the board of [parole] re-entry, the department of health, and 2 other appropriate agencies in the development of transitional case 3 management plans. 4 § 27. Subdivisions 6 and 8 of section 73 of the correction law, as 5 amended by chapter 322 of the laws of 2021, is amended to read as 6 follows: 7 6. Where a person who is an incarcerated individual of a residential 8 treatment facility absconds, or fails to return thereto as specified in 9 the program approved for [him or her, he or she] such incarcerated indi- 10 vidual, the incarcerated individual may be arrested and returned by an 11 officer or employee of the department or by any peace officer, acting 12 pursuant to [his or her] such officer's or employee's special duties, or 13 police officer without a warrant; or a member of the board of [parole] 14 re-entry or an officer designated by such board may issue a warrant for 15 the retaking of such person. A warrant issued pursuant to this subdivi- 16 sion shall have the same force and effect, and shall be executed in the 17 same manner, as a warrant issued for violation of community supervision. 18 8. The state board of [parole] re-entry may grant parole to any incar- 19 cerated individual of a residential treatment facility at any time after 20 [he or she] the incarcerated individual becomes eligible therefor. Such 21 parole shall be in accordance with provisions of law that would apply if 22 the person were still confined in the facility from which [he or she] 23 such person was transferred, except that any personal appearance before 24 the board may be at any place designated by the board. 25 § 28. Subdivision 1 of section 89-e of the correction law, as amended 26 by section 47 of part A of chapter 56 of the laws of 2010, is amended to 27 read as follows: 28 1. The alternate correctional facility review panel is hereby estab- 29 lished and shall consist of the commissioner, the [chairman] chairperson 30 of the state commission of correction, the [chairman] chairperson of the 31 board of [parole] re-entry, the director of the office of probation and 32 correctional alternatives, the commissioner of correction of the city of 33 New York, the president of the New York State Sheriffs' Association 34 Institute, Inc., and the president of the Correctional Association of 35 New York or their designees. The governor shall appoint a [chairman] 36 chairperson and [vice-chairman] vice-chairperson from among the members. 37 § 29. Subdivision 4 of section 112 of the correction law, as amended 38 by chapter 322 of the laws of 2021, is amended to read as follows: 39 4. The commissioner and the chair of the [parole] board of re-entry 40 shall work jointly to develop and implement, as soon as practicable, a 41 risk and needs assessment instrument or instruments, which shall be 42 empirically validated, that would be administered to incarcerated indi- 43 viduals upon reception into a correctional facility, and throughout 44 their incarceration and release to community supervision, to facilitate 45 appropriate programming both during an incarcerated individual's incar- 46 ceration and community supervision, and designed to facilitate the 47 successful integration of incarcerated individuals into the community. 48 § 30. Section 168-m of the correction law, as amended by section 20 of 49 subpart B of part C of chapter 62 of the laws of 2011, is amended to 50 read as follows: 51 § 168-m. Review. Notwithstanding any other provision of law to the 52 contrary, any state or local correctional facility, hospital or institu- 53 tion, district attorney, law enforcement agency, probation department, 54 state board of [parole] re-entry, court or child protective agency shall 55 forward relevant information pertaining to a sex offender to be 56 discharged, paroled, released to post-release supervision or released to
A. 6263 12 1 the board for review no later than one hundred twenty days prior to the 2 release or discharge and the board shall make recommendations as 3 provided in subdivision six of section one hundred sixty-eight-l of this 4 article within sixty days of receipt of the information. Information may 5 include, but may not be limited to all or a portion of the arrest file, 6 prosecutor's file, probation or parole file, child protective file, 7 court file, commitment file, medical file and treatment file pertaining 8 to such person. Such person shall be permitted to submit to the board 9 any information relevant to the review. Upon application of the sex 10 offender or the district attorney, the court shall seal any portion of 11 the board's file pertaining to the sex offender that contains material 12 that is confidential under any state or federal law; provided, however, 13 that in any subsequent proceedings in which the sex offender who is the 14 subject of the sealed record is a party and which requires the board to 15 provide a recommendation to the court pursuant to this article, such 16 sealed record shall be available to the sex offender, the district 17 attorney, the court and the attorney general where the attorney general 18 is a party, or represents a party, in the proceeding. 19 § 31. Subdivision 1 of section 201 of the correction law, as added by 20 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 21 amended to read as follows: 22 1. The department shall have responsibility for the preparation of 23 reports and other data required by the state board of [parole] re-entry 24 in the exercise of its independent decision making functions. 25 § 32. Subdivision 5 of section 205 of the correction law, as added by 26 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 27 amended to read as follows: 28 5. The commissioner, in consultation with the [chairman] chairperson 29 of the board of [parole] re-entry, shall promulgate rules and regu- 30 lations governing the issuance of merit terminations of sentence and 31 discharges from presumptive release, parole, conditional release or 32 post-release supervision to assure that such terminations and discharges 33 are consistent with public safety. The board of [parole] re-entry shall 34 have access to merit termination application case files and correspond- 35 ing decisions to assess the effectiveness of the rules and regulations 36 in ensuring public safety. Such review will in no manner effect the 37 decisions made with regard to individual merit termination determi- 38 nations. 39 § 33. Subdivision 1 of section 206 of the correction law, as added by 40 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 41 amended to read as follows: 42 1. All requests for presumptive release or conditional release shall 43 be made in writing on forms prescribed and furnished by the department. 44 Within one month from the date any such application is received, if it 45 appears that the applicant is eligible for presumptive release or condi- 46 tional release or will be eligible for such release during such month, 47 the conditions of release shall be fixed in accordance with rules 48 prescribed by the board of [parole] re-entry. Such conditions shall be 49 substantially the same as conditions imposed upon parolees. 50 § 34. Section 207 of the correction law, as amended by chapter 322 of 51 the laws of 2021, is amended to read as follows: 52 § 207. Cooperation. It shall be the duty of the commissioner of 53 corrections and community supervision to insure that all officers and 54 employees of the department shall at all times cooperate with the board 55 of [parole] re-entry and shall furnish to such members and employees of 56 the board of [parole] re-entry such information as may be appropriate to
A. 6263 13 1 enable them to perform their independent decision making functions. It 2 is also [his or her] the commissioner's duty to ensure that the func- 3 tions of the board of [parole] re-entry are not hampered in any way, 4 including but not limited to: a restriction of resources including staff 5 assistance; limited access to vital information; and presentation of 6 incarcerated individual information in a manner that may inappropriately 7 influence the board in its decision making. 8 § 35. Section 405 of the correction law, as added by chapter 766 of 9 the laws of 1976, is amended to read as follows: 10 § 405. Duty of the department to the director of a hospital. The 11 department shall notify the director of a hospital in advance of hear- 12 ings to be held at such hospital as may be necessary to carry out the 13 duties of the board of [parole] re-entry or the department. The depart- 14 ment shall assist the department of mental hygiene in establishing or 15 continuing the operation of grievance procedures at such hospital. Where 16 the subject matter of the grievance primarily involves a policy or prac- 17 tice of the department of mental hygiene, the commissioner shall trans- 18 fer the review of the grievance to the commissioner of mental hygiene 19 for resolution pursuant to subdivision three of section one hundred 20 thirty-nine of [the correction law] this chapter. 21 § 36. Section 705 of the correction law, as amended by section 36 of 22 subpart B of part C of chapter 62 of the laws of 2011, is amended to 23 read as follows: 24 § 705. Forms and filing. 1. All applications, certificates and orders 25 of revocation necessary for the purposes of this article shall be upon 26 forms prescribed pursuant to agreement among the state commissioner of 27 corrections and community supervision, the [chairman] chairperson of the 28 state board of [parole] re-entry and the administrator of the state 29 judicial conference. Such forms relating to certificates of relief from 30 disabilities shall be distributed by the office of probation and correc- 31 tional alternatives and forms relating to certificates of good conduct 32 shall be distributed by the commissioner of the department of 33 corrections and community supervision. 34 2. Any court or department issuing or revoking any certificate pursu- 35 ant to this article shall immediately file a copy of the certificate, or 36 of the order of revocation, with the New York state identification and 37 intelligence system. 38 § 37. Section 805 of the correction law, as amended by section 226 of 39 chapter 322 of the laws of 2021, is amended to read as follows: 40 § 805. Earned eligibility program. Persons committed to the custody of 41 the department under an indeterminate or determinate sentence of impri- 42 sonment shall be assigned a work and treatment program as soon as prac- 43 ticable. No earlier than two months prior to the incarcerated individ- 44 ual's eligibility to be paroled pursuant to subdivision one of section 45 70.40 of the penal law, the commissioner shall review the incarcerated 46 individual's institutional record to determine whether [he or she] the 47 incarcerated individual has complied with the assigned program. If the 48 commissioner determines that the incarcerated individual has successful- 49 ly participated in the program [he or she] the commissioner may issue 50 the incarcerated individual a certificate of earned eligibility. 51 Notwithstanding any other provision of law, an incarcerated individual 52 who is serving a sentence with a minimum term of not more than eight 53 years and who has been issued a certificate of earned eligibility, shall 54 be granted parole release at the expiration of [his or her] the incar- 55 cerated individual's minimum term or as authorized by subdivision four 56 of section eight hundred sixty-seven of this chapter unless the board of
A. 6263 14 1 [parole] re-entry determines that there is a reasonable probability 2 that, if such incarcerated individual is released, [he or she] the 3 incarcerated individual will not live and remain at liberty without 4 violating the law and that [his or her] the incarcerated individual 5 release is not compatible with the welfare of society. Any action by the 6 commissioner pursuant to this section shall be deemed a judicial func- 7 tion and shall not be reviewable if done in accordance with law. 8 § 37-a. Section 805 of the correction law, as amended by section 226-a 9 of chapter 322 of the laws of 2021, is amended to read as follows: 10 § 805. Earned eligibility program. Persons committed to the custody of 11 the department under an indeterminate sentence of imprisonment shall be 12 assigned a work and treatment program as soon as practicable. No earlier 13 than two months prior to the expiration of an incarcerated individual's 14 minimum period of imprisonment, the commissioner shall review the incar- 15 cerated individual's institutional record to determine whether [he or 16 she] the incarcerated individual has complied with the assigned program. 17 If the commissioner determines that the incarcerated individual has 18 successfully participated in the program [he or she] the commissioner 19 may issue the incarcerated individual a certificate of earned eligibil- 20 ity. Notwithstanding any other provision of law, an incarcerated indi- 21 vidual who is serving a sentence with a minimum term of not more than 22 six years and who has been issued a certificate of earned eligibility, 23 shall be granted parole release at the expiration of [his or her] the 24 incarcerated individual's minimum term or as authorized by subdivision 25 four of section eight hundred sixty-seven of this chapter unless the 26 board of [parole] re-entry determines that there is a reasonable proba- 27 bility that, if such incarcerated individual is released, [he or she] 28 the incarcerated individual will not live and remain at liberty without 29 violating the law and that [his or her] the incarcerated individual's 30 release is not compatible with the welfare of society. Any action by the 31 commissioner pursuant to this section shall be deemed a judicial func- 32 tion and shall not be reviewable if done in accordance with law. 33 § 38. The opening paragraph of subdivision 2 of section 851 of the 34 correction law, as amended by section 228 of chapter 322 of the laws of 35 2021, is amended to read as follows: 36 "Eligible incarcerated individual" means: a person confined in an 37 institution who is eligible for release on parole or who will become 38 eligible for release on parole or conditional release within two years. 39 Provided, however, that a person under sentence for an offense defined 40 in paragraphs (a) and (b) of subdivision one of section 70.02 of the 41 penal law, where such offense involved the use or threatened use of a 42 deadly weapon or dangerous instrument shall not be eligible to partic- 43 ipate in a work release program until [he or she] such person is eligi- 44 ble for release on parole or who will be eligible for release on parole 45 or conditional release within eighteen months. Provided, further, howev- 46 er, that a person under a determinate sentence as a second felony drug 47 offender for a class B felony offense defined in article two hundred 48 twenty of the penal law, who was sentenced pursuant to section 70.70 of 49 such law, shall not be eligible to participate in a temporary release 50 program until the time served under imprisonment for [his or her] such 51 person's determinate sentence, including any jail time credited pursuant 52 to the provisions of article seventy of the penal law, shall be at least 53 eighteen months. In the case of a person serving an indeterminate 54 sentence of imprisonment imposed pursuant to the penal law in effect 55 after September one, nineteen hundred sixty-seven, for the purposes of 56 this article parole eligibility shall be upon the expiration of the
A. 6263 15 1 minimum period of imprisonment fixed by the court or where the court has 2 not fixed any period, after service of the minimum period fixed by the 3 state board of [parole] re-entry. If an incarcerated individual is 4 denied release on parole, such incarcerated individual shall not be 5 deemed an eligible incarcerated individual until [he or she] such person 6 is within two years of [his or her] their next scheduled appearance 7 before the state [parole] re-entry board. In any case where an incarcer- 8 ated individual is denied release on parole while participating in a 9 temporary release program, the department shall review the status of the 10 incarcerated individual to determine if continued placement in the 11 program is appropriate. No person convicted of any escape or absconding 12 offense defined in article two hundred five of the penal law shall be 13 eligible for temporary release. Further, no person under sentence for 14 aggravated harassment of an employee by an incarcerated individual as 15 defined in section 240.32 of the penal law for, any homicide offense 16 defined in article one hundred twenty-five of the penal law, for any sex 17 offense defined in article one hundred thirty of the penal law, or for 18 an offense defined in section 255.25, 255.26 or 255.27 of the penal law 19 shall be eligible to participate in a work release program as defined in 20 subdivision three of this section. Nor shall any person under sentence 21 for any sex offense defined in article one hundred thirty of the penal 22 law be eligible to participate in a community services program as 23 defined in subdivision five of this section. Notwithstanding the forego- 24 ing, no person who is an otherwise eligible incarcerated individual who 25 is under sentence for a crime involving: (a) infliction of serious phys- 26 ical injury upon another as defined in the penal law or (b) any other 27 offense involving the use or threatened use of a deadly weapon may 28 participate in a temporary release program without the written approval 29 of the commissioner. The commissioner shall promulgate regulations 30 giving direction to the temporary release committee at each institution 31 in order to aid such committees in carrying out this mandate. 32 § 38-a. The opening paragraph of subdivision 2 of section 851 of the 33 correction law, as amended by section 228-b of chapter 322 of the laws 34 of 2021, is amended to read as follows: 35 "Eligible incarcerated individual" means: a person confined in an 36 institution who is eligible for release on parole or who will become 37 eligible for release on parole or conditional release within two years. 38 Provided, that a person under a determinate sentence as a second felony 39 drug offender for a class B felony offense defined in article two 40 hundred twenty of the penal law, who was sentenced pursuant to section 41 70.70 of such law, shall not be eligible to participate in a temporary 42 release program until the time served under imprisonment for [his or 43 her] such person's determinate sentence, including any jail time credit- 44 ed pursuant to the provisions of article seventy of the penal law, shall 45 be at least eighteen months. In the case of a person serving an indeter- 46 minate sentence of imprisonment imposed pursuant to the penal law in 47 effect after September one, nineteen hundred sixty-seven, for the 48 purposes of this article parole eligibility shall be upon the expiration 49 of the minimum period of imprisonment fixed by the court or where the 50 court has not fixed any period, after service of the minimum period 51 fixed by the state board of [parole] re-entry. If an incarcerated indi- 52 vidual is denied release on parole, such incarcerated individual shall 53 not be deemed an eligible incarcerated individual until [he or she] such 54 person is within two years of [his or her] their next scheduled appear- 55 ance before the state [parole] re-entry board. In any case where an 56 incarcerated individual is denied release on parole while participating
A. 6263 16 1 in a temporary release program, the department shall review the status 2 of the incarcerated individual to determine if continued placement in 3 the program is appropriate. No person convicted of any escape or 4 absconding offense defined in article two hundred five of the penal law 5 shall be eligible for temporary release. Nor shall any person under 6 sentence for any sex offense defined in article one hundred thirty of 7 the penal law be eligible to participate in a community services program 8 as defined in subdivision five of this section. Notwithstanding the 9 foregoing, no person who is an otherwise eligible incarcerated individ- 10 ual who is under sentence for a crime involving: (a) infliction of seri- 11 ous physical injury upon another as defined in the penal law, (b) a sex 12 offense involving forcible compulsion, or (c) any other offense involv- 13 ing the use or threatened use of a deadly weapon may participate in a 14 temporary release program without the written approval of the commis- 15 sioner. The commissioner shall promulgate regulations giving direction 16 to the temporary release committee at each institution in order to aid 17 such committees in carrying out this mandate. 18 § 39. Subdivision 1 of section 852 of the correction law, as added by 19 chapter 472 of the laws of 1969, is amended to read as follows: 20 1. The commissioner of correction shall designate one or more insti- 21 tutions for the conduct of work release programs. Upon such designation 22 the commissioner, with the approval of the [chairman] chair of the board 23 of [parole] re-entry, shall promulgate rules and regulations consistent 24 with the provisions of this article for the administration of work 25 release programs at any institution designated, and shall appoint or 26 cause to be appointed a work release committee for such institution. 27 § 40. Subdivision 9 of section 855 of the correction law, as amended 28 by section 231 of chapter 322 of the laws of 2021, is amended to read as 29 follows: 30 9. Participation in a temporary release program shall be a privilege. 31 Nothing contained in this article may be construed to confer upon any 32 incarcerated individual the right to participate, or to continue to 33 participate, in a temporary release program. The superintendent of the 34 institution may at any time, and upon recommendation of the temporary 35 release committee or of the commissioner or of the [chairman] chair- 36 person of the state board of [parole] re-entry or [his or her] the 37 chairperson's designee shall, revoke any incarcerated individual's priv- 38 ilege to participate in a program of temporary release in accordance 39 with regulations promulgated by the commissioner. 40 § 41. Subdivision 6 of section 853 of the correction law, as amended 41 by section 231-a of chapter 322 of the laws of 2021, is amended to read 42 as follows: 43 6. Participation in a work release program shall be a privilege. Noth- 44 ing contained in this article may be construed to confer upon any incar- 45 cerated individual the right to participate, or to continue to partic- 46 ipate, in a work release program. The warden of the institution may at 47 any time, and upon recommendation of the work release committee or of 48 the [chairman] chairperson of the state board of [parole] re-entry or 49 [his or her] the chairperson's designee shall, revoke any incarcerated 50 individual's privilege to participate in a program of work release. 51 § 42. Subdivisions 2 and 5 of section 856 of the correction law, as 52 amended by section 232 of chapter 322 of the laws of 2021, are amended 53 to read as follows: 54 2. If the incarcerated individual violates any provision of the 55 program, or any rule or regulation promulgated by the commissioner for 56 conduct of incarcerated individuals participating in temporary release
A. 6263 17 1 programs, such incarcerated individual shall be subject to disciplinary 2 measures to the same extent as if [he or she] the incarcerated individ- 3 ual violated a rule or regulation of the commissioner for conduct of 4 incarcerated individuals within the premises of the institution. The 5 failure of an incarcerated individual to voluntarily return to the 6 institution of [his or her] the incarcerated individual's confinement 7 more than ten hours after [his or her] the prescribed time of return 8 shall create a rebuttable presumption that the failure to return was 9 intentional. Any incarcerated individual who is found to have inten- 10 tionally failed to return pursuant to this subdivision shall be an 11 absconder in violation of [his or her] the incarcerated individual's 12 temporary release program and will not be an eligible incarcerated indi- 13 vidual as defined in subdivision two of section eight hundred fifty-one 14 of this [chapter] article. The creation of such rebuttable presumption 15 shall not be admissible in any court of law as evidence of the commis- 16 sion of any crime defined in the penal law. A full report of any such 17 violation, a summary of the facts and findings of the disciplinary hear- 18 ing and disciplinary measures taken, shall be made available to the 19 board for the incarcerated individual's next scheduled appearance before 20 the state board of [parole] re-entry including any defense or explana- 21 tion offered by the incarcerated individual in response at such hearing. 22 5. Upon the conclusion or termination of a temporary release program, 23 a full report of the incarcerated individual's performance in such 24 program shall be prepared in accordance with regulations of the commis- 25 sioner. Such report shall include but not be limited to: adjustment to 26 release, supervision contacts, statement of any violations of the terms 27 and conditions of release and of any disciplinary actions taken, and an 28 assessment of the incarcerated individual's suitability for parole. Such 29 report shall be made available to the state board of [parole] re-entry 30 for the incarcerated individual's next scheduled appearance before such 31 board. 32 § 43. Paragraph (d) of subdivision 1 of section 160.50 of the criminal 33 procedure law, as amended by chapter 449 of the laws of 2015, is amended 34 to read as follows: 35 (d) such records shall be made available to the person accused or to 36 such person's designated agent, and shall be made available to (i) a 37 prosecutor in any proceeding in which the accused has moved for an order 38 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law 39 enforcement agency upon ex parte motion in any superior court, or in any 40 district court, city court or the criminal court of the city of New York 41 provided that such court sealed the record, if such agency demonstrates 42 to the satisfaction of the court that justice requires that such records 43 be made available to it, or (iii) any state or local officer or agency 44 with responsibility for the issuance of licenses to possess guns, when 45 the accused has made application for such a license, or (iv) the New 46 York state department of corrections and community supervision when the 47 accused is on parole supervision as a result of conditional release or a 48 parole release granted by the New York state board of [parole] re-entry, 49 and the arrest which is the subject of the inquiry is one which occurred 50 while the accused was under such supervision, or (v) any prospective 51 employer of a police officer or peace officer as those terms are defined 52 in subdivisions thirty-three and thirty-four of section 1.20 of this 53 chapter, in relation to an application for employment as a police offi- 54 cer or peace officer; provided, however, that every person who is an 55 applicant for the position of police officer or peace officer shall be 56 furnished with a copy of all records obtained under this paragraph and
A. 6263 18 1 afforded an opportunity to make an explanation thereto, or (vi) the 2 probation department responsible for supervision of the accused when the 3 arrest which is the subject of the inquiry is one which occurred while 4 the accused was under such supervision; and 5 § 44. Paragraph (d) of subdivision 1 of section 160.55 of the criminal 6 procedure law, as amended by chapter 449 of the laws of 2015, is amended 7 to read as follows: 8 (d) the records referred to in paragraph (c) of this subdivision shall 9 be made available to the person accused or to such person's designated 10 agent, and shall be made available to (i) a prosecutor in any proceeding 11 in which the accused has moved for an order pursuant to section 170.56 12 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex 13 parte motion in any superior court, or in any district court, city court 14 or the criminal court of the city of New York provided that such court 15 sealed the record, if such agency demonstrates to the satisfaction of 16 the court that justice requires that such records be made available to 17 it, or (iii) any state or local officer or agency with responsibility 18 for the issuance of licenses to possess guns, when the accused has made 19 application for such a license, or (iv) the New York state department of 20 corrections and community supervision when the accused is under parole 21 supervision as a result of conditional release or parole release granted 22 by the New York state board of [parole] re-entry and the arrest which is 23 the subject of the inquiry is one which occurred while the accused was 24 under such supervision, or (v) the probation department responsible for 25 supervision of the accused when the arrest which is the subject of the 26 inquiry is one which occurred while the accused was under such super- 27 vision, or (vi) a police agency, probation department, sheriff's office, 28 district attorney's office, department of correction of any municipality 29 and parole department, for law enforcement purposes, upon arrest in 30 instances in which the individual stands convicted of harassment in the 31 second degree, as defined in section 240.26 of the penal law, committed 32 against a member of the same family or household as the defendant, as 33 defined in subdivision one of section 530.11 of this chapter, and deter- 34 mined pursuant to subdivision eight-a of section 170.10 of this title; 35 and 36 § 45. Paragraph (a) of subdivision 2 of section 390.50 of the criminal 37 procedure law, as amended by chapter 31 of the laws of 2019, is amended 38 to read as follows: 39 (a) Not less than one court day prior to sentencing, unless such time 40 requirement is waived by the parties, the pre-sentence report or memo- 41 randum shall be made available by the court for examination and for 42 copying by the defendant's attorney, the defendant [himself], if [he] 43 the defendant has no attorney, and the prosecutor. In its discretion, 44 the court may except from disclosure a part or parts of the report or 45 memoranda which are not relevant to a proper sentence, or a diagnostic 46 opinion which might seriously disrupt a program of rehabilitation, or 47 sources of information which have been obtained on a promise of confi- 48 dentiality, or any other portion thereof, disclosure of which would not 49 be in the interest of justice. In all cases where a part or parts of the 50 report or memoranda are not disclosed, the court shall state for the 51 record that a part or parts of the report or memoranda have been 52 excepted and the reasons for its action. The action of the court except- 53 ing information from disclosure shall be subject to appellate review. 54 The pre-sentence report shall be made available by the court for exam- 55 ination and copying in connection with any appeal in the case, including 56 an appeal under this subdivision. Upon written request, the court shall
A. 6263 19 1 make a copy of the presentence report, other than a part or parts of the 2 report redacted by the court pursuant to this paragraph, available to 3 the defendant for use before the [parole] board of re-entry for release 4 consideration or an appeal of a [parole] board of re-entry determination 5 or an application for resentencing pursuant to section 440.46 or 440.47 6 of this chapter. In [his or her] a written request to the court the 7 defendant shall affirm that [he or she] the defendant anticipates an 8 appearance before the [parole] board of re-entry or intends to file an 9 administrative appeal of a [parole] board of re-entry determination or 10 meets the eligibility criteria for and intends to file a motion for 11 resentencing pursuant to 440.46 of this chapter or has received notifi- 12 cation from the court which received [his or her] the defendant's 13 request to apply for resentencing pursuant to section 440.47 of this 14 chapter confirming that [he or she] the defendant is eligible to submit 15 an application for resentencing pursuant to section 440.47 of this chap- 16 ter. The court shall respond to the defendant's written request within 17 twenty days from receipt of the defendant's written request. 18 § 46. Subdivision 6 of section 410.91 of the criminal procedure law, 19 as amended by section 76 of subpart B of part C of chapter 62 of the 20 laws of 2011, is amended to read as follows: 21 6. Upon delivery of the defendant to the reception center, [he or she] 22 the defendant shall be given a copy of the conditions of parole by a 23 representative of the department of corrections and community super- 24 vision and shall acknowledge receipt of a copy of the conditions in 25 writing. The conditions shall be established in accordance with article 26 twelve-B of the executive law and the rules and regulations of the board 27 of [parole] re-entry. Thereafter and while the parolee is participating 28 in the intensive drug treatment program provided at the drug treatment 29 campus, the department of corrections and community supervision shall 30 assess the parolee's special needs and shall develop an intensive 31 program of parole supervision that will address the parolee's substance 32 abuse history and which shall include periodic urinalysis testing. 33 Unless inappropriate, such program shall include the provision of treat- 34 ment services by a community-based substance abuse service provider 35 which has a contract with the department of corrections and community 36 supervision. 37 § 47. Paragraph (a) of subdivision 5 of section 430.20 of the criminal 38 procedure law, as amended by chapter 788 of the laws of 1971, is amended 39 to read as follows: 40 (a) If the sentence also includes a term of imprisonment, commitment 41 must be to the same institution as is designated for service of the term 42 of imprisonment, and the period of commitment commences (i) when the 43 term of imprisonment is satisfied, or (ii) with the approval of the 44 state board of [parole] re-entry, when the defendant becomes eligible 45 for parole, or (iii) when the defendant becomes eligible for conditional 46 release, whichever occurs first; provided, however, that the court may 47 direct that the period of imprisonment for the fine run concurrently 48 with the term of imprisonment; and 49 § 48. Subdivision 1 of section 440.50 of the criminal procedure law, 50 as amended by chapter 322 of the laws of 2021, is amended to read as 51 follows: 52 1. Upon the request of a victim of a crime, or in any event in all 53 cases in which the final disposition includes a conviction of a violent 54 felony offense as defined in section 70.02 of the penal law, a felony 55 defined in article one hundred twenty-five of such law, or a felony 56 defined in article one hundred thirty of such law, the district attorney
A. 6263 20 1 shall, within sixty days of the final disposition of the case, inform 2 the victim by letter of such final disposition. If such final disposi- 3 tion results in the commitment of the defendant to the custody of the 4 department of corrections and community supervision for an indeterminate 5 sentence, the notice provided to the crime victim shall also inform the 6 victim of [his or her] the victim's right to submit a written, audio- 7 taped, or videotaped victim impact statement to the department of 8 corrections and community supervision or to meet personally with a 9 member of the state board of [parole] re-entry at a time and place sepa- 10 rate from the personal interview between a member or members of the 11 board and the incarcerated individual and make such a statement, subject 12 to procedures and limitations contained in rules of the board, both 13 pursuant to subdivision two of section two hundred fifty-nine-i of the 14 executive law. A copy of such letter shall be provided to the board of 15 [parole] re-entry. The right of the victim under this subdivision to 16 submit a written victim impact statement or to meet personally with a 17 member of the state board of [parole] re-entry applies to each personal 18 interview between a member or members of the board and the incarcerated 19 individual. 20 § 49. Subdivision 5 of section 190 of the judiciary law, as added by 21 chapter 477 of the laws of 1988, is amended to read as follows: 22 5. Notwithstanding any other provision of law to the contrary, any 23 proceeding which the supreme court has jurisdiction to entertain to 24 review the actions or determinations of the state board of [parole] 25 re-entry. 26 § 50. Paragraph 1 of subdivision (d) of section 10.11 of the mental 27 hygiene law, as amended by section 118-e of subpart B of part C of chap- 28 ter 62 of the laws of 2011, is amended to read as follows: 29 (1) A person's regimen of strict and intensive supervision and treat- 30 ment may be revoked if such a person violates a condition of strict and 31 intensive supervision. If a parole officer has reasonable cause to 32 believe that the person has violated a condition of the regimen of 33 strict and intensive supervision and treatment or, if there is an oral 34 or written evaluation or report by a treating professional indicating 35 that the person may be a dangerous sex offender requiring confinement, a 36 parole officer authorized in the same manner as provided in subparagraph 37 (i) of paragraph (a) of subdivision three of section two hundred fifty- 38 nine-i of the executive law may take the person into custody and trans- 39 port the person for lodging in a secure treatment facility or a local 40 correctional facility for an evaluation by a psychiatric examiner, which 41 evaluation shall be conducted within five days. A parole officer may 42 take the person, under custody, to a psychiatric center for prompt eval- 43 uation, and at the end of the examination, return the person to the 44 place of lodging. A parole officer, as authorized by this paragraph, may 45 direct a peace officer, acting pursuant to [his or her] such officer's 46 special duties, or a police officer who is a member of an authorized 47 police department or force or of a sheriff's department, to take the 48 person into custody and transport the person as provided in this para- 49 graph. It shall be the duty of such peace officer or police officer to 50 take into custody and transport any such person upon receiving such 51 direction. The department of corrections and community supervision shall 52 promptly notify the attorney general and the mental hygiene legal 53 service, when a person is taken into custody pursuant to this paragraph. 54 No provision of this section shall preclude the board of [parole] re-en- 55 try from proceeding with a revocation hearing as authorized by subdivi- 56 sion three of section two hundred fifty-nine-i of the executive law.
A. 6263 21 1 § 51. Subdivision 2 of section 579 of the public health law, as 2 amended by chapter 322 of the laws of 2021, is amended to read as 3 follows: 4 2. This title shall not be applicable to and the department shall not 5 have the power to regulate pursuant to this title: (a) any examination 6 performed by a state or local government of materials derived from the 7 human body for use in criminal identification or as evidence in a crimi- 8 nal proceeding or for investigative purposes; (b) any test conducted 9 pursuant to paragraph (c) of subdivision four of section eleven hundred 10 ninety-four of the vehicle and traffic law and paragraph (c) of subdivi- 11 sion eight of section 25.24 of the parks, recreation and historic pres- 12 ervation law; (c) any examination performed by a state or local agency 13 of materials derived from the body of an incarcerated individual, 14 pretrial releasee, parolee, conditional releasee or probationer to (i) 15 determine, measure or otherwise describe the presence or absence of any 16 substance whose possession, ingestion or use is prohibited by law, the 17 rules of the department of corrections and community supervision, the 18 conditions of release established by the board of [parole] re-entry, the 19 conditions of release established by a court or a local conditional 20 release commission or the conditions of any program to which such indi- 21 viduals are referred and (ii) to determine whether there has been a 22 violation thereof; or (d) any examination performed by a coroner or 23 medical examiner for the medical-legal investigation of a death. Nothing 24 herein shall prevent the department from consulting with the division of 25 criminal justice services, the department of corrections and community 26 supervision, the state police, or any other state agency or commission, 27 at the request of the division of criminal justice services, the depart- 28 ment of corrections and community supervision, the state police, or such 29 other agency or commission, concerning examination of materials for 30 purposes other than public health. 31 § 52. The opening paragraph of subdivision 3 of section 70.30 of the 32 penal law, as amended by chapter 1 of the laws of 1998, is amended to 33 read as follows: 34 The term of a definite sentence, a determinate sentence, or the maxi- 35 mum term of an indeterminate sentence imposed on a person shall be cred- 36 ited with and diminished by the amount of time the person spent in 37 custody prior to the commencement of such sentence as a result of the 38 charge that culminated in the sentence. In the case of an indeterminate 39 sentence, if the minimum period of imprisonment has been fixed by the 40 court or by the board of [parole] re-entry, the credit shall also be 41 applied against the minimum period. The credit herein provided shall be 42 calculated from the date custody under the charge commenced to the date 43 the sentence commences and shall not include any time that is credited 44 against the term or maximum term of any previously imposed sentence or 45 period of post-release supervision to which the person is subject. Where 46 the charge or charges culminate in more than one sentence, the credit 47 shall be applied as follows: 48 § 52-a. The opening paragraph of subdivision 3 of section 70.30 of the 49 penal law, as separately amended by chapter 648 of the laws of 1979 and 50 chapter 1 of the laws of 1998, is amended to read as follows: 51 The term of a definite sentence or the maximum term of an indetermi- 52 nate sentence imposed on a person shall be credited with and diminished 53 by the amount of time the person spent in custody prior to the commence- 54 ment of such sentence as a result of the charge that culminated in the 55 sentence. In the case of an indeterminate sentence, if the minimum peri- 56 od of imprisonment has been fixed by the court or by the board of
A. 6263 22 1 [parole] re-entry, the credit shall also be applied against the minimum 2 period. The credit herein provided shall be calculated from the date 3 custody under the charge commenced to the date the sentence commences 4 and shall not include any time that is credited against the term or 5 maximum term of any previously imposed sentence or period of post-re- 6 lease supervision to which the person is subject. Where the charge or 7 charges culminate in more than one sentence, the credit shall be applied 8 as follows: 9 § 53. The opening paragraph of paragraph (a), paragraph (b) and para- 10 graph (c) of subdivision 1, and subdivisions 2 and 3 of section 70.40 of 11 the penal law, the opening paragraph of paragraph (a) as amended by 12 section 127-c, paragraph (b) as amended by section 127-d-1 and paragraph 13 (c) as amended by section 127-f of subpart B of part C of chapter 62 of 14 the laws of 2011, subdivision 2 as amended by section 127-g of subpart B 15 of part C of chapter 62 of the laws of 2011, and subdivision 3 as 16 amended by chapter 427 of the laws of 2021, are amended to read as 17 follows: 18 Release on parole shall be in the discretion of the state board of 19 [parole] re-entry, and such person shall continue service of [his or 20 her] their sentence or sentences while on parole, in accordance with and 21 subject to the provisions of the executive law and the correction law. 22 (b) A person who is serving one or more than one indeterminate or 23 determinate sentence of imprisonment shall, if [he or she] such person 24 so requests, be conditionally released from the institution in which [he 25 or she] such person is confined when the total good behavior time 26 allowed to [him or her], pursuant to the provisions of the correction 27 law, is equal to the unserved portion of [his or her] such person's 28 term, maximum term or aggregate maximum term; provided, however, that 29 (i) in no event shall a person serving one or more indeterminate 30 sentence of imprisonment and one or more determinate sentence of impri- 31 sonment which run concurrently be conditionally released until serving 32 at least six-sevenths of the determinate term of imprisonment which has 33 the longest unexpired time to run and (ii) in no event shall a person be 34 conditionally released prior to the date on which such person is first 35 eligible for discretionary parole release. The conditions of release, 36 including those governing post-release supervision, shall be such as may 37 be imposed by the state board of [parole] re-entry in accordance with 38 the provisions of the executive law. 39 Every person so released shall be under the supervision of the state 40 department of corrections and community supervision for a period equal 41 to the unserved portion of the term, maximum term, aggregate maximum 42 term, or period of post-release supervision. 43 (c) A person who is serving one or more than one indeterminate 44 sentence of imprisonment shall, if [he or she] such person so requests, 45 be released from the institution in which [he or she] such person is 46 confined if granted presumptive release pursuant to section eight 47 hundred six of the correction law. The conditions of release shall be 48 such as may be imposed by the state board of [parole] re-entry in 49 accordance with the provisions of the executive law. Every person so 50 released shall be under the supervision of the department of corrections 51 and community supervision for a period equal to the unserved portion of 52 [his or her] such person's maximum or aggregate maximum term unless 53 discharged in accordance with law. 54 2. Definite sentence. A person who is serving one or more than one 55 definite sentence of imprisonment with a term or aggregate term in 56 excess of ninety days, and is eligible for release according to the
A. 6263 23 1 criteria set forth in paragraphs (a), (b) and (c) of subdivision one of 2 section two hundred seventy-three of the correction law, may, if [he or 3 she] such person so requests, be conditionally released from the insti- 4 tution in which [he or she] such person is confined at any time after 5 service of sixty days of that term, exclusive of credits allowed under 6 subdivisions four and six of section 70.30 of this article. In comput- 7 ing service of sixty days, the credit allowed for jail time under subdi- 8 vision three of section 70.30 of this article shall be calculated as 9 time served. Conditional release from such institution shall be in the 10 discretion of the [parole] board of re-entry, or a local conditional 11 release commission established pursuant to article twelve of the 12 correction law, provided, however that where such release is by a local 13 conditional release commission, the person must be serving a definite 14 sentence with a term in excess of one hundred twenty days and may only 15 be released after service of ninety days of such term. In computing 16 service of ninety days, the credit allowed for jail time under subdivi- 17 sion three of section 70.30 of this article shall be calculated as time 18 served. A conditional release granted under this subdivision shall be 19 upon such conditions as may be imposed by the [parole] board of 20 re-entry, in accordance with the provisions of the executive law, or a 21 local conditional release commission in accordance with the provisions 22 of the correction law. 23 Conditional release shall interrupt service of the sentence or 24 sentences and the remaining portion of the term or aggregate term shall 25 be held in abeyance. Every person so released shall be under the super- 26 vision of the department of corrections and community supervision or a 27 local probation department and in the custody of the local conditional 28 release commission in accordance with article twelve of the correction 29 law, for a period of one year. The local probation department shall 30 cause complete records to be kept of every person released to its super- 31 vision pursuant to this subdivision. The department of corrections and 32 community supervision may supply to a local probation department and the 33 local conditional release commission custody information and records 34 maintained on persons under the supervision of such local probation 35 department to aid in the performance of its supervision responsibil- 36 ities. Compliance with the conditions of release during the period of 37 supervision shall satisfy the portion of the term or aggregate term that 38 has been held in abeyance. 39 3. Delinquency. (a) When a person is alleged to have violated the 40 terms of presumptive release or parole by absconding, and the state 41 board of [parole] re-entry has declared such person to be delinquent, 42 the declaration of delinquency shall interrupt the person's sentence as 43 of the date of the delinquency and such interruption shall continue 44 until the releasee's appearance in response to a notice of violation or 45 the date of the execution of a warrant, whichever is earlier. 46 (b) When a person is alleged to have violated the terms of [his or 47 her] conditional release or post-release supervision by absconding and 48 has been declared delinquent by the [parole] board of re-entry or the 49 local conditional release commission having supervision over such 50 person, the declaration of delinquency shall interrupt the period of 51 supervision or post-release supervision as of the date of the delinquen- 52 cy. For a conditional release, such interruption shall continue until 53 the releasee's appearance in response to a notice of violation or the 54 date of the execution of a warrant, whichever is earlier. For a person 55 released to post-release supervision, the provisions of section 70.45 of 56 this article shall apply.
A. 6263 24 1 (c) Any time spent by a person in custody from the time of execution 2 of a warrant pursuant to paragraph (a) of subdivision three of section 3 two hundred fifty-nine-i of the executive law to the time service of the 4 sentence resumes shall be credited against the term or maximum term of 5 the interrupted sentence. 6 § 53-a. Subparagraph (i) of paragraph (a) and paragraph (b) of subdi- 7 vision 1 of section 70.40 of the penal law, subparagraph (i) of para- 8 graph (a) as amended by section 127-d and paragraph (b) as amended by 9 section 127-e of subpart B of part C of chapter 62 of the laws of 2011, 10 are amended to read as follows: 11 (i) A person who is serving one or more than one indeterminate 12 sentence of imprisonment may be paroled from the institution in which 13 [he or she] such person is confined at any time after the expiration of 14 the minimum or the aggregate minimum period of imprisonment of the 15 sentence or sentences or after the successful completion of a shock 16 incarceration program, as defined in article twenty-six-A of the 17 correction law, whichever is sooner. Release on parole shall be in the 18 discretion of the state board of [parole] re-entry, and such person 19 shall continue service of [his or her] their sentence or sentences while 20 on parole, in accordance with and subject to the provisions of the exec- 21 utive law and the correction law. 22 (b) A person who is serving one or more than one indeterminate 23 sentence of imprisonment shall, if [he or she] such person so requests, 24 be conditionally released from the institution in which [he or she] such 25 person is confined when the total good behavior time allowed to [him or 26 her] them, pursuant to the provisions of the correction law, is equal to 27 the unserved portion of [his or her] such person's maximum or aggregate 28 maximum term. The conditions of release, including those governing post- 29 release supervision, shall be such as may be imposed by the state board 30 of [parole] re-entry in accordance with the provisions of the executive 31 law. 32 Every person so released shall be under the supervision of the depart- 33 ment of corrections and community supervision for a period equal to the 34 unserved portion of the maximum, aggregate maximum term, or period of 35 post-release supervision. 36 § 54. Subdivisions 1-a and 3 of section 70.45 of the penal law, subdi- 37 vision 1-a as added by chapter 7 of the laws of 2007 and subdivision 3 38 as added by chapter 1 of the laws of 1998, are amended to read as 39 follows: 40 1-a. When, following a final hearing, a time assessment has been 41 imposed upon a person convicted of a felony sex offense who owes three 42 years or more on a period of post-release supervision, imposed pursuant 43 to subdivision two-a of this section, such defendant, after serving 44 three years of the time assessment, shall be reviewed by the board of 45 [parole] re-entry and may be re-released to post-release supervision 46 only upon a determination by the board of [parole] re-entry made in 47 accordance with subdivision two of section two hundred fifty-nine-i of 48 the executive law. If re-release is not granted, the board shall specify 49 a date not more than twenty-four months from such determination for 50 reconsideration, and the procedures to be followed upon reconsideration 51 shall be the same. If a time assessment of less than three years is 52 imposed upon such a defendant, the defendant shall be released upon the 53 expiration of such time assessment, unless [he or she] the defendant is 54 subject to further imprisonment or confinement under any provision of 55 law.
A. 6263 25 1 3. Conditions of post-release supervision. The board of [parole] 2 re-entry shall establish and impose conditions of post-release super- 3 vision in the same manner and to the same extent as it may establish and 4 impose conditions in accordance with the executive law upon persons who 5 are granted parole or conditional release; provided that, notwithstand- 6 ing any other provision of law, the board of [parole] re-entry may 7 impose as a condition of post-release supervision that for a period not 8 exceeding six months immediately following release from the underlying 9 term of imprisonment the person be transferred to and participate in the 10 programs of a residential treatment facility as that term is defined in 11 subdivision six of section two of the correction law. Upon release from 12 the underlying term of imprisonment, the person shall be furnished with 13 a written statement setting forth the conditions of post-release super- 14 vision in sufficient detail to provide for the person's conduct and 15 supervision. 16 § 55. Section 240.32 of the penal law, as amended by chapter 322 of 17 the laws of 2021, is amended to read as follows: 18 § 240.32 Aggravated harassment of an employee by an incarcerated indi- 19 vidual. 20 An incarcerated individual or respondent is guilty of aggravated 21 harassment of an employee by an incarcerated individual when, with 22 intent to harass, annoy, threaten or alarm a person in a facility whom 23 [he or she] the incarcerated individual knows or reasonably should know 24 to be an employee of such facility or the board of [parole] re-entry or 25 the office of mental health, or a probation department, bureau or unit 26 or a police officer, [he or she] the incarcerated individual causes or 27 attempts to cause such employee to come into contact with blood, seminal 28 fluid, urine, feces, or the contents of a toilet bowl, by throwing, 29 tossing or expelling such fluid or material. 30 For purposes of this section, "incarcerated individual" means an 31 incarcerated individual or detainee in a correctional facility, local 32 correctional facility or a hospital, as such term is defined in subdivi- 33 sion two of section four hundred of the correction law. For purposes of 34 this section, "respondent" means a juvenile in a secure facility oper- 35 ated and maintained by the office of children and family services who is 36 placed with or committed to the office of children and family services. 37 For purposes of this section, "facility" means a correctional facility 38 or local correctional facility, hospital, as such term is defined in 39 subdivision two of section four hundred of the correction law, or a 40 secure facility operated and maintained by the office of children and 41 family services. 42 Aggravated harassment of an employee by an incarcerated individual is 43 a class E felony. 44 § 56. This act shall take effect immediately; provided, however, that: 45 (a) the amendments to subdivision 2 of section 259-m of the executive 46 law made by section fifteen of this act shall be subject to the repeal 47 of such section pursuant to section 3 of chapter 688 of the laws of 48 2003, as amended, and shall be deemed repealed therewith; 49 (b) the amendments to section 805 of the correction law made by 50 section thirty-seven of this act shall be subject to the expiration and 51 reversion of such section pursuant to chapter 261 of the laws of 1987 52 and subdivision d of section 74 of chapter 3 of the laws of 1995, as 53 amended, when upon such date the provisions of section thirty-seven-a of 54 this act shall take effect; 55 (c) the amendments to subdivision 2 of section 851 of the correction 56 law made by section thirty-eight of this act shall be subject to the
A. 6263 26 1 expiration of such subdivision and section pursuant to subdivision (c) 2 of section 46 of chapter 60 of the laws of 1994 and section 10 of chap- 3 ter 339 of the laws of 1972, as amended, when upon such date the 4 provisions of section thirty-eight-a of this act shall take effect; 5 (d) the amendments to subdivision 2 of section 851 of the correction 6 law made by section thirty-eight-a of this act shall not affect the 7 expiration of such section and shall expire therewith; 8 (e) section thirty-nine of this act shall take effect on the same date 9 as the reversion of subdivision 1 of section 852 of the correction law 10 as provided by section 10 of chapter 339 of the laws of 1972, as 11 amended; 12 (f) the amendments to subdivision 9 of section 855 of the correction 13 law, made by section forty of this act, shall not affect the expiration 14 of such section and shall expire therewith; 15 (g) section forty-one of this act shall take effect on the same date 16 as the reversion of subdivision 6 of section 853 of the correction law 17 as provided by section 10 of chapter 339 of the laws of 1972, as 18 amended; 19 (h) the amendments to subdivisions 2 and 5 of section 856 of the 20 correction law made by section forty-two of this act shall not affect 21 the expiration of such section and shall expire therewith; 22 (i) the amendments to subdivision 6 of section 410.91 of the criminal 23 procedure law made by section forty-six of this act shall not affect the 24 repeal of such section and shall be deemed repealed therewith; 25 (j) the amendments to the opening paragraph of subdivision 3 of 26 section 70.30 of the penal law made by section fifty-two of this act 27 shall be subject to the reversion of such subdivision pursuant to subdi- 28 vision d of section 74 of chapter 3 of the laws of 1995, as amended, 29 when upon such date the provisions of section fifty-two-a of this act 30 shall take effect; 31 (k) the amendments to the opening paragraph of paragraph (a) and para- 32 graph (b) of subdivision 1 of section 70.40 of the penal law made by 33 section fifty-three of this act shall be subject to the reversion of 34 such subdivision pursuant to subdivision d of section 74 of chapter 3 of 35 the laws of 1995, as amended, when upon such date the provisions of 36 section fifty-three-a of this act shall take effect; 37 (l) the amendments to paragraph (c) of subdivision 1 of section 70.40 38 of the penal law made by section fifty-three of this act shall not 39 affect the repeal of such paragraph and shall be deemed repealed there- 40 with; and 41 (m) the amendments to subparagraph (i) of paragraph (a) of subdivision 42 1 of section 70.40 of the penal law made by section fifty-three-a of 43 this act shall not affect the expiration of such subparagraph and shall 44 expire therewith. 45 Effective immediately, the addition, amendment and/or repeal of any 46 rule or regulation necessary for the implementation of this act on its 47 effective date are authorized to be made and completed on or before such 48 effective date.