What's happening
This bill, "Cesar's law," requires immediate issuance of a warrant and law enforcement notification when someone absconds from parole or conditional release.
Why it matters
Mandates Immediate Action. By changing the law from “may” to “shall,” the bill requires—not just allows—the immediate declaration of delinquency and the issuance of a warrant when someone absconds from parole or conditional release. This removes discretion and ensures a uniform, prompt response.
Law Enforcement Notification. The bill compels the parole board to immediately notify local law enforcement when someone on parole or conditional release absconds. This increases the chances of a swift response and enhances public safety by getting more eyes on the search early.
Potential Impact on Community Safety and Civil Liberties. The mandatory, immediate issuance of warrants and notifications could help prevent future crimes by speeding up the response to absconders. However, it also means less flexibility for authorities to assess individual cases, possibly leading to more aggressive law enforcement actions or detentions in situations that may have previously been handled differently.
Due Process Protections Remain. The bill explicitly preserves the right of the alleged absconder to a preliminary revocation hearing and maintains the state’s responsibility to exercise due diligence, meaning that enhanced enforcement is balanced by continued legal protections for the individual.
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Who cares
State Board of Parole
The bill would require the board to declare a supervised person delinquent when there is reasonable cause to believe they have absconded, require a warrant for retaking and temporary detention, and require immediate notification to local law enforcement.
Local law enforcement agencies
The agency with jurisdiction where an alleged absconder resides would receive immediate notice from the board.
People on parole or other supervised release
Those reasonably believed to have absconded would face mandatory delinquency declarations and warrants, while retaining their right to a preliminary revocation hearing upon retaking.
Headline styles
Require Capture of Fleeing Parolees
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to correction
- Referred to 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.
Require Capture of Parole Absconders
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7035
2019-2020 Regular Sessions
IN ASSEMBLY
April 3, 2019
Introduced by M. of A. CUSICK -- Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to the retaking of certain persons absconding from parole or other conditional release
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Cesar's law".
§ 2. Paragraph (i) of subdivision 3 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) Where there is reasonable cause to believe that a presumptive releasee, parolee, conditional releasee or person under post-release supervision has absconded from supervision the board [may] shall declare such person to be delinquent and a warrant shall be issued for the retaking of such person and for his or her temporary detention according to the rules of the board, and the board shall immediately notify the law enforcement agency having jurisdiction of the locality in which such absconder resides. This paragraph shall not be construed to deny such person a preliminary revocation hearing upon his or her retaking, nor to relieve the department of any obligation it may have to exercise due diligence to retake the alleged absconder, nor to relieve the parolee or releasee of any obligation he or she may have to comply with the conditions of his or her release.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00137-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.