STATE OF NEW YORK ________________________________________________________________________ 7050 2025-2026 Regular Sessions IN SENATE March 31, 2025 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to crimes committed during periods of post-release supervision The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 3 of section 70.40 of the 2 penal law, as amended by chapter 427 of the laws of 2021, is amended to 3 read as follows: 4 (a) When a person is alleged to have violated the terms of presumptive 5 release [or], parole, or conditional release from an indeterminate 6 sentence by absconding, and the state board of parole has declared such 7 person to be delinquent, the declaration of delinquency shall interrupt 8 the person's sentence as of the date of the delinquency and such inter- 9 ruption shall continue until the [releasee's] person's appearance in 10 response to a notice of violation or the date of the execution of a 11 warrant, whichever is earlier; provided however that when a person who 12 has been presumptively released, paroled, conditionally released from an 13 indeterminate sentence or is serving a period of post-release super- 14 vision is charged with a crime committed while under supervision, and 15 the charge or charges culminate in a new determinate or indeterminate 16 sentence, the board's rules shall provide for a declaration of delin- 17 quency pursuant to subparagraph (iii) of paragraph (d) of subdivision 18 three of section two hundred fifty-nine-i of the executive law and the 19 period of presumptive release, parole, conditional release or post-re- 20 lease supervision shall be deemed interrupted for any period of time in 21 which the person was held in pre-trial detention on the charge or charg- 22 es that culminated in such indeterminate or determinate sentence. 23 § 2. Paragraph (c) of subdivision 3 of section 70.40 of the penal law, 24 as amended by chapter 427 of the laws of 2021, is amended to read as 25 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02096-01-5
S. 7050 2 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; provided however that when a person who is 6 subject to an undischarged term of imprisonment or post-release super- 7 vision following parole release, presumptive release or conditional 8 release from an indeterminate sentence, or conditional release or maxi- 9 mum expiration of a determinate sentence, and is held in pre-trial 10 custody in a local correctional facility on a new charge or charges that 11 culminate in a new indeterminate or determinate sentence, the time spent 12 in pre-trial custody on such charge or charges, from the date custody 13 commenced to the date of commencement of the subsequently imposed inde- 14 terminate or determinate sentence, shall be credited to the new sentence 15 as jail time pursuant to subdivision three of section 70.30 of this 16 article, except for any time that has been credited to the previously 17 imposed sentence as a time assessment by the board of parole for a 18 violation of presumptive release, parole, conditional release or post- 19 release supervision between the date of the arrest on the new felony and 20 the date of sentencing for such felony. 21 § 3. Paragraph (d) of subdivision 5 of section 70.45 of the penal law, 22 as amended by chapter 427 of the laws of 2021, is amended to read as 23 follows: 24 (d) When a person is alleged to have violated a condition of post-re- 25 lease supervision by absconding, or by committing a new crime during the 26 period of post-release supervision that culminates in a new indetermi- 27 nate or determinate sentence, and the department of corrections and 28 community supervision has declared such person to be delinquent: (i) the 29 declaration of delinquency shall interrupt the period of post-release 30 supervision; (ii) such interruption shall continue until the person is 31 restored to post-release supervision; (iii) if the person is restored to 32 post-release supervision without being returned to the department of 33 corrections and community supervision, any time spent in custody from 34 the date of delinquency until restoration to post-release supervision 35 shall first be credited to the maximum or aggregate maximum term of the 36 sentence or sentences of imprisonment, but only to the extent authorized 37 by subdivision three of section 70.40 of this article. Any time spent 38 in custody solely pursuant to such delinquency after completion of the 39 maximum or aggregate maximum term of the sentence or sentences of impri- 40 sonment shall be credited to the period of post-release supervision, if 41 any; and (iv) if the person is ordered returned to the department of 42 corrections and community supervision, the person shall be required to 43 serve the time assessment before being re-released to post-release 44 supervision. If the person is detained pursuant to paragraph (a) of 45 subdivision three of section two hundred fifty-nine-i of the executive 46 law pending a preliminary or final revocation hearing, the time assess- 47 ment imposed following such hearing shall commence upon the execution of 48 the warrant. If a warrant was executed pursuant to paragraph (a) of 49 subdivision three of section two hundred fifty-nine-i of the executive 50 law but a court released the person pending a preliminary or final revo- 51 cation hearing, the time assessment shall commence upon the issuance of 52 a determination after a final hearing that the person has violated one 53 or more conditions of community supervision in an important respect, and 54 shall include the time period between execution of the warrant and 55 release of the person pending a preliminary or final revocation hearing. 56 If a [releasee] person is committed to the custody of the sheriff pursu-
S. 7050 3 1 ant to article five hundred thirty of the criminal procedure law, the 2 time assessment, if any, shall include any time the [releasee] person 3 spent in such custody. If a notice of violation was issued pursuant to 4 subdivision three of section two hundred fifty-nine-i of the executive 5 law, the time assessment shall commence upon the issuance of a determi- 6 nation after a final hearing that the person has violated one or more 7 conditions of supervision. While serving such assessment, the person 8 shall not receive any good behavior allowance pursuant to section eight 9 hundred three of the correction law. Any time spent in custody from the 10 date of delinquency until return to the department of corrections and 11 community supervision shall first be credited to the maximum or aggre- 12 gate maximum term of the sentence or sentences of imprisonment, but only 13 to the extent authorized by subdivision three of section 70.40 of this 14 article. The maximum or aggregate maximum term of the sentence or 15 sentences of imprisonment shall run while the person is serving such 16 time assessment in the custody of the department of corrections and 17 community supervision. Any time spent in custody solely pursuant to such 18 delinquency after completion of the maximum or aggregate maximum term of 19 the sentence or sentences of imprisonment shall be credited to the peri- 20 od of post-release supervision, if any. 21 § 4. This act shall take effect immediately and shall apply to 22 sentences imposed before, on and after such date.