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Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Signed chap.545
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.411
- Substituted for A7685
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Amended on third reading (t) 4780a
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.424
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to incapacitated parole violators
Assembly Floor Calendar · Sponsor Daniel O'Donnell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4780A
Title of bill
An act to amend the executive law and the criminal procedure law, in relation to incapacitated parole violators
Purpose
This bill would provide a stay in a parole revocation proceeding when an alleged violator contends they are an incapacitated person until such determination is made by a criminal court.
Summary of provisions
Section 1 amends § 259-i(3)(a)(i) of the executive law concerning the issuance of parole warrants when a parolee has been found unfit to proceed to trial or is currently undergoing a capacity examination.
Section 2 amends § 259-i(3)(c)(i) of the executive law to provide for process in a parole revocation proceeding when a parolee appears to be incapacitated.
Section 3 amends § 730.10(2) of the criminal procedure law to include alleged parole violators as subjects of orders of examination.
Section 4 amends § 259-43)(v)(f) of the executive law to permit appointment of counsel during a capacity determination of a parolee in the context of a parole revocation proceeding.
Section 5 provides for an effective date.
Justification
In a recent Court of Appeals decision, Lopez v. Evans, the Court held that a mentally incapacitated person was unfit to proceed to a parole revocation hearing and therefore proceeding violates due process guaranteed under New York State's Constitution. This decision leaves the Parole Board with no choice but to release a person who may potentially be a danger to himself or herself or a danger to the community into which that person was released. Judge Pigott called on the legislature to address the disparity whereby a mentally incompetent defendant who has been charged with, but not convicted of, a crime may be committed to a psychiatric facility in the custody of OMH, but a parole violator who developed mental incapacity after conviction and release may not be confined at all. This legislation address that disparity.
Legislative history
New bill.
Fiscal implications
Minimal.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.