The Members of the WTO shall respect the international character of the responsibilities of the Director-General and of the staff of the Secretariat and shall not seek to influence them in the discharge of their duties.
The Committee on Budget, Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall be subject to approval by the General Council.
The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:. The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO.
The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.
The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November The WTO may conclude a headquarters agreement.
Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States 2 which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement 3.
The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement.
The decision to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.
In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths 4 of the Members unless otherwise provided for in this paragraph. The Ministerial Conference shall establish a time-period, which shall not exceed 90 days, to consider the request. If consensus is not reached during the time-period, any decision to grant a waiver shall be taken by three fourths 4 of the Members.
At the end of the time-period, the relevant Council shall submit a report to the Ministerial Conference. A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governing the application of the waiver, and the date on which the waiver shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates.
In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver.
Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shall be taken by consensus.
Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance.
If consensus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance.
Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.
Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members:. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights and obligations of the Members, shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it.
The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.
Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter the rights and obligations of the Members, shall take effect for all Members upon acceptance by two thirds of the Members. Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it.
The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.
Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial Conference without further formal acceptance process. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within the period of acceptance specified by the Ministerial Conference.
The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.
The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.
Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. The least-developed countries recognized as such by the United Nations will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities.
Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO.
Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.
This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members, at the time either becomes a Member, does not consent to such application. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement.
Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has so notified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference. The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate recommendations.
Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise.
Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about. Leave this field blank. Votes view votes Jun 10, - floor Vote SA Floor Vote: Jun 10, aye Jun 9, - Rules committee Vote SA Rules Committee Vote: Jun 9, aye Committee Vote: Feb 8, aye 4.
Jamaal T. Bailey D 36th Senate District. Neil D. Samra G. Leroy Comrie D 14th Senate District. Jeremy A. Andrew Gounardes D 22nd Senate District. Brian Kavanagh D 26th Senate District.
Timothy M. John C. Liu D 11th Senate District. Shelley B. Zellnor Myrie D 20th Senate District. Kevin S. Roxanne J. Persaud D 19th Senate District. James Sanders Jr. Luis R. S - Summary Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person. That's five times the national average. The racial disparity is stark: black people are incarcerated in New York City jails for technical parole violations at more than 12 times the rate of whites.
There are approximately 35, people under active parole supervision in New York State who at almost any time can see their efforts to success- fully rejoin the workforce and reintegrate into their families and their communities disrupted by re-incarceration for a technical violation. This not only harms individual lives and families without commensurate public safety gains, but also drives up the population in the state prisons and local jails, wasting taxpayer money.
Other states, such as Arkansas, Arizona, Georgia, Idaho, Kentucky, Louisiana, Mississippi, South Carolina and Utah, have already implemented reforms similar to those proposed here, reducing community supervision populations and curbing violations. These reforms have worked. After South Carolina adopted graduated sanctions, compliance revocations decreased 46 percent, and recidivism rates for people under supervision dropped by a third.
Mean- while, crime rates dropped by over 20 percent. After Missouri adopted earned time credits for people on probation and parole, supervision terms dropped by 14 months, the super- vised population fell 18 percent, average caseloads decreased 16 percent, and recidivism rates did not change.
Permitting people to earn accelerated discharge off community super- vision will responsibly shrink the number of people subject to such supervision, and allow us to concentrate our finite resources on those who are most in need and who pose the greatest risks. New York can reduce jail and prison populations, support people in the reentry proc- ess, and promote safety and justice for families and communities.
With a significant fraction of parolees no longer incarcerated for technical parole violations, it is anticipated to reduce state and local costs accordingly. View More Lines. Section of the executive law is amended by adding five new subdivisions 5, 6, 7, 8 and 9 to read as follows: 5. LBD S. Subdivision 3 of section For a conditional release, such interruption shall continue until the [return of the person to the institution from which he or she was released or, if he or she was released from an institution under the jurisdiction of the state department of corrections and community supervision, to an institution under the jurisdiction of that department.
For a person released to post-release supervision, the provisions of section Paragraph d of subdivision 5 of section Any time spent in custody solely pursuant to such delinquency after completion of the maximum or aggregate maximum term of the sentence or sentences of impri- sonment shall be credited to the period of post-release supervision, if any; and iv if the person is ordered returned to the department of corrections and community supervision, the person shall be required to serve the time assessment before being re-released to post-release supervision.
While serving such assessment, the person shall not receive any good behavior allowance pursuant to section eight hundred three of the correction law. Any time spent in custody from the date of delinquency until return to the department of corrections and community supervision shall first be credited to the maximum or aggre- gate maximum term of the sentence or sentences of imprisonment, but only S. The maximum or aggregate maximum term of the sentence or sentences of imprisonment shall run while the person is serving such time assessment in the custody of the department of corrections and community supervision.
Any time spent in custody solely pursuant to such delinquency after completion of the maximum or aggregate maximum term of the sentence or sentences of imprisonment shall be credited to the peri- od of post-release supervision, if any. A warrant issued pursuant to this section shall constitute sufficient authority to the superintendent or other person in charge of any jail, penitentiary, lockup or detention pen to whom it is delivered to hold in temporary detention the person named therein[; except that a warrant issued with respect to a person who has been released on medical parole pursuant to section two hundred fifty- nine-r of this article and whose parole is being revoked pursuant to paragraph h of subdivision four of such section shall constitute authority for the immediate placement of the parolee only into imprison- ment in the custody of the department to hold in temporary detention.
A warrant issued pursuant to this section shall also constitute sufficient authority to the person in charge of a drug treatment campus, as defined in subdivision twenty of section two of the correction law, to hold the person named therein, in accordance with the procedural requirements of this section, for a period of at least ninety days to complete an inten- sive drug treatment program mandated by the board as an alternative to presumptive release or parole or conditional release revocation, or the revocation of post-release supervision, and shall also constitute suffi- cient authority for return of the person named therein to local custody to hold in temporary detention for further revocation proceedings in the event said person does not successfully complete the intensive drug treatment program.
Subparagraphs i , iii and iv of paragraph c of subdivision 3 of section i of the executive law, subparagraph i as amended by section 11 of part E of chapter 62 of the laws of , and subpara- graphs iii and iv as amended by section 1 of part E of chapter 56 of the laws of , are amended and two new subparagraphs ix and x are added to read as follows: i [Within fifteen days after the warrant for retaking and temporary detention has been executed, unless the releasee has been convicted of a new crime committed while under presumptive release, parole, conditional release or post-release supervision, the board of parole shall afford the alleged presumptive release, parole, conditional release or post-re- lease supervision violator a preliminary revocation hearing before a hearing officer designated by the board of parole.
Adverse witnesses may be compelled to attend the preliminary hearing unless the prisoner has been convicted of a new crime while on supervision or unless the hearing officer finds good cause for their non-attendance. F However, if an alleged violator requests and receives any post- ponement of his revocation hearing, or consents to a postponed revoca- tion proceeding initiated by the board, or if an alleged violator, by his actions otherwise precludes the prompt conduct of such proceedings, the time limit may be extended.
In any case, including when a superior court is called upon to evaluate the capacity of an alleged violator in a [parole] revocation proceeding, where such person is financially unable to retain counsel, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
He or she shall have the right to confront and cross-examine adverse witnesses, unless there is good cause for their non-attendance as determined by the presiding officer; present witnesses and documenta- ry evidence in defense of the charges; and present witnesses and docu- mentary evidence relevant to the question whether reincarceration of the alleged violator is appropriate.
As to each charge, evidence shall be introduced through witnesses and documents, if any, in support of that charge. At the conclusion of each witness's direct testimony, he shall S.
If the alleged violator intends to present a defense to the charges or to present evidence of mitigating circumstances, the alleged violator shall do so after presentation of all the evidence in support of a violation of presumptive release, parole, conditional release or post-release supervision. For the violator serving an indeterminate sentence who while re-incarcerated has not been found by the department to have committed a serious discipli- nary infraction, such violator shall be re-released on the date fixed at the revocation hearing.
For the violator serving an indeterminate sentence who has been found by the department to have committed a seri- ous disciplinary infraction while re-incarcerated, the department shall refer the violator to the board for consideration for re-release to community supervision. Upon such referral the board may waive the personal interview between a member or members of the board and the violator to determine the suitability for re-release when the board directs that the violator be re-released upon expiration of the time assessment.
The board shall retain the authority to suspend the date fixed for re-release based on the violator's commission of a serious disciplinary infraction and shall in such case require a personal inter- view be conducted within a reasonable time between a panel of members of the board and the violator to determine suitability for re-release. If an interview is required, the board shall notify the violator in advance S.
The matter shall be promptly referred to the superior court for determination of the alleged violator's fitness to proceed in a manner consistent with the provisions of article seven hundred thirty of the criminal procedure law, provided however that the superior court shall immediately appoint counsel for any unrepresented alleged violator eligible for appointed counsel under subparagraph v of THIS paragraph [ f of subdivision three of section two hundred fifty-nine-i of this chapter].
The court shall decide whether or not the alleged violator is incapacitated within thirty days of the referral from the hearing offi- cer. If the court determines that the alleged violator is not an inca- pacitated person, the court shall order that the matter be returned to the board of parole for continuation and disposition of the revocation proceeding. If the court determines that the alleged violator is an incapacitated person and if no felony charges are pending against the alleged violator, the court shall issue a final order of observation committing such person to the custody of the commissioner of mental health or the commissioner of developmental disabilities for care and treatment in an appropriate institution in a manner consistent with subdivision one of section If a final order of observation has been issued pursuant to this section, the hearing officer shall dismiss the violation charges and such dismissal shall act as a bar to any further proceeding under this section against the alleged violator for such violations.
If felony criminal charges are pending at any time against an alleged violator who has been referred to superior court for a fitness evaluation but before a determination of fitness has been made pursuant to this section, the court shall decide whether or not the alleged violator is incapacitated pursuant to article seven hundred thirty of the criminal procedure law and the revocation proceeding shall be held in abeyance until such decision has been reached.
The hearing officer shall adopt the capacity finding of the court and either terminate the revocation process if an order of obser- vation has been made by the court or proceed with the revocation hearing if the alleged violator has been found not to be an incapacitated person.
Section i of the executive law is amended by adding a new subdivision 9 to read as follows: 9. This act shall take effect on the first of April next succeeding the date on which it shall have become a law; provided however the department of corrections and community supervision shall have six months from the effective date of this act to begin holding preliminary revocation hearings required by the amendments to paragraph c of subdivision 3 of section i of the executive law made by section five of this act, including establishing preliminary revocation hearing facilities that are not at correctional facilities for people who are not detained pending their hearings.
Provided further, however, that the board of parole shall have two months from the effective date of this act to identify each releasee incarcerated for a sustained parole violation and recalculate such releasee's sentence in accordance with this act.
If no incarceration may be imposed pursuant to subparagraph xi of paragraph f of subdivision 3 of section i of the executive law, as added by section six of this act, the board shall immediately restore the releasee to community supervision.
If the releasee may be incarcerated for the sustained violation the board shall fix a new date for release pursuant to subparagraph xii of paragraph f of subdivi- sion 3 of section i of the executive law, as amended by section six of this act. If such release date has passed, the board shall immediate- ly restore the releasee to community supervision.
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