NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5705A
SPONSOR: Joyner TITLE OF BILL:
An act to amend the correction law and the executive law, in relation to
work related labor protests not being considered a parole violation
PURPOSE:
The purpose of this bill is to ensure that individuals subject to vari-
ous forms of supervised release have the right to protest work-related
labor conditions.
SUMMARY OF SPECIFIC PROVISIONS:
Section one would amend the Correction law by adding a new Section 210
which states that any individual who is granted presumptive release,
parole, conditional release, or release to post-release supervision
shall not be deemed to be in violation of said release, or other-wise
have their release status terminated, solely because the individual
participated in a work-related labor protest.
Section two of the bill amends section 274 of the correction law by
adding a new subdivision 11 stating that a local conditional release
commission shall not determine that an individual who has been condi-
tionally released has either lapsed into criminal ways or company, or
otherwise violated one or more conditions of his or her conditional
release, merely because the individual participated in a work-related
labor protest.
Section three of the bill amends the executive law by adding a new
Section 259-t mandating that the state board of parole shall not deem an
individual to be in violation of, or otherwise terminate, an individ-
ual's presumptive release, parole, conditional release, release to post-
release supervision, or other form of supervised release solely because
he or she participated in a work-related labor protest.
Section four of the bill states that the act shall take effect imme-
diately.
EXISTING LAW:
There is no existing law that expressly addresses the right of a person
to protest work-related labor conditions despite being under various
forms of supervision.
JUSTIFICATION:
A person has the right to protest work-related labor conditions regard-
less of whether he or she is under supervision by State or local correc-
tional authorities. This bill would ensure that any person under super-
vision has to right to protest work-related labor issues without fear of
being held in violation of their release status.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
Immediately
