Bill Text: NY A04319 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to parole eligibility for certain inmates age fifty-five.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Introduced) 2019-05-22 - print number 4319a [A04319 Detail]

Download: New_York-2019-A04319-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4319--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced  by  M.  of  A.  WEPRIN,  TAYLOR, GOTTFRIED, EPSTEIN, LENTOL,
          LAVINE, D. ROSENTHAL, SEAWRIGHT, DE LA ROSA,  SIMON,  ROZIC,  LUPARDO,
          HEVESI,  JOYNER,  CARROLL,  MOSLEY,  FAHY,  KIM,  COOK,  AUBRY, PERRY,
          O'DONNELL, BARRON,  WRIGHT,  L. ROSENTHAL,  REYES  --  read  once  and
          referred  to  the  Committee on Correction -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to parole eligibility for
          certain inmates aged fifty-five or older

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 259-c of the executive law is amended by  adding  a
     2  new subdivision 18 to read as follows:
     3    18.  notwithstanding any other provision of law, when a person serving
     4  a determinate or indeterminate sentence of incarceration has  served  at
     5  least  fifteen  years of incarceration under such sentence and is fifty-
     6  five years of age or older, the board shall conduct a  hearing  pursuant
     7  to  this section and section two hundred fifty nine-i of this article to
     8  determine whether such person shall  be  released  to  community  super-
     9  vision,  provided,  however,  that  a  person  shall not be eligible for
    10  release pursuant to this subdivision if he or she is serving a  sentence
    11  imposed under the penal law (a) of life imprisonment without parole; (b)
    12  upon  conviction  for  an offense defined in section 125.26 of the penal
    13  law; or (c) upon a conviction for an offense defined in  section  125.25
    14  or  125.27  of  the  penal  law,  where the victim of such offense was a
    15  person described in subparagraphs (i), (ii), (ii-a), or (iii)  of  para-
    16  graph  (a) of subdivision one of section 125.27 of the penal law. If the
    17  board determines that there is a reasonable probability  that,  if  such
    18  person  is  released,  he or she will live and remain at liberty without
    19  violating the law and that his or her release is not  incompatible  with
    20  the  welfare  of  society,  then  the  board shall release the person to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08550-02-9

        A. 4319--A                          2

     1  community supervision even if the person  has  not  served  the  minimum
     2  period  or  term  of  the  sentence  imposed by the sentencing court. If
     3  release to community supervision is not granted,  the  inmate  shall  be
     4  informed  in  writing  within  two  weeks  after  such appearance of the
     5  factors and reasons for the denial of such release and the  board  shall
     6  specify  a date not more than twenty-four months from such determination
     7  for reconsideration, and the procedures to be followed upon  reconsider-
     8  ation  shall  be the same as upon such initial consideration. If release
     9  to community supervision is granted, the board shall set release  condi-
    10  tions and the provisions of this section shall otherwise apply as though
    11  the inmate was released after the completion of his or her minimum peri-
    12  od or term of sentence.
    13    § 2. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.
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