New York A 820: Relates to crimes committed during periods of post-release supervision

Bill Text

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A00820 Summary:

BILL NOA00820 

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SAME ASSAME AS S07050

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SPONSORForrest

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COSPNSR

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MLTSPNSR

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Amd §§70.40 & 70.45, Pen L

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Provides that a person who commits a crime during a period of post-release supervision and when such charge culminates in a new sentence, the period of post-release supervision shall be deemed interrupted for any period in which such person was held in pre-trial detention.

Go to top A00820 Actions:

BILL NOA00820 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00820 Committee&nbspVotes:

Go to topA00820 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00820 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 820

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. FORREST -- read once and referred to the Commit-
 tee 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.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02096-01-5

 A. 820 2

 1 § 2. Paragraph (c) of subdivision 3 of section 70.40 of the penal law,
 2 as amended by chapter 427 of the laws of 2021, is amended to read as
 3 follows:
 4 (c) Any time spent by a person in custody from the time of execution
 5 of a warrant pursuant to paragraph (a) of subdivision three of section
 6 two hundred fifty-nine-i of the executive law to the time service of the
 7 sentence resumes shall be credited against the term or maximum term of
 8 the interrupted sentence; provided however that when a person who is
 9 subject to an undischarged term of imprisonment or post-release super-
 10 vision following parole release, presumptive release or conditional
 11 release from an indeterminate sentence, or conditional release or maxi-
 12 mum expiration of a determinate sentence, and is held in pre-trial
 13 custody in a local correctional facility on a new charge or charges that
 14 culminate in a new indeterminate or determinate sentence, the time spent
 15 in pre-trial custody on such charge or charges, from the date custody
 16 commenced to the date of commencement of the subsequently imposed inde-
 17 terminate or determinate sentence, shall be credited to the new sentence
 18 as jail time pursuant to subdivision three of section 70.30 of this
 19 article, except for any time that has been credited to the previously
 20 imposed sentence as a time assessment by the board of parole for a
 21 violation of presumpti