BILL NUMBER: S1245
SPONSOR: ADDABBO
 
TITLE OF BILL:
An act to amend the executive law, in relation to revoking community
supervision for certain conduct
 
PURPOSE:
To amend certain provisions of the Less of More Act of 2021 to exclude
violations that may impact public safety.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 6 and 7 of section 259,of the Executive
Law.
Section 2 amends subparagraph (xii) of paragraph (f) of subdivision 3 of
section 259-i of the Executive law.
Section 3 sets the effective date.
 
JUSTIFICATION:
The recently enacted Less is More Act of 2021 was intended to prevent
newly-released individuals from being incarcerated for minor, technical
violations like missing curfew. The law also increased procedural
protections and raised the standard of proof for alleged violations.
This bill maintains the original spirit and purpose of the Less is More
Act of 2021, but exempts individuals released after conviction for
possession or use of a firearm or dangerous weapon, kidnapping, and
failure to register as a sex offender. Those underlying convictions
demonstrate a potential for violent behavior, and releasees must be held
accountable for violations that might endanger the public. The legis-
lation also amends the law to exclude violations that are likely to
result in serious harm to the individual or others. These commonsense
changes will allow trained, experienced parole officers to alert a judi-
cial officer of non-complying and potentially dangerous behavior and
provide the judicial system an opportunity to intervene before the
behavior escalates. Finally, the legislation increases penalties for
individuals who abscond unless the individual voluntarily presents
himself or herself to a community supervision officer or area bureau
office. This latter provision incentivizes releases to turn themselves
in and avoid the enhanced punishment.
 
LEGISLATIVE HISTORY:
2022: S.9266 Committee-Referred to Senate Crime Victims, Crime and
Correction
2023: S.1813 Committee-Referred to Senate Crime Victims, Crime and
Correction
2024: S.1813 Committee-Referred to Senate Crime Victims, Crime and
Correction
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.