Bill Text: NY A11043 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to permitting an inmate who has had a final order of deportation issued against him or her, has not been convicted of an A-1 felony and who is eligible for early release to receive a conditional release.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-10-07 - referred to correction [A11043 Detail]

Download: New_York-2019-A11043-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          11043

                   IN ASSEMBLY

                                     October 7, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. De La Rosa)
          -- read once and referred to the Committee on Correction

        AN ACT to amend the executive law, in relation to permitting a qualified
          inmate eligible for early release to receive a conditional release

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

     1    Section  1.  Subparagraph  (i)  of  paragraph  (d) of subdivision 2 of
     2  section 259-i of the executive law, as  amended  by  section  38-f-1  of
     3  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
     4  read as follows:
     5    (i) Notwithstanding the provisions of paragraphs (a), (b) and  (c)  of
     6  this  subdivision, after the inmate has served his or her minimum period
     7  of imprisonment imposed by the court or is eligible  for  early  release
     8  from imprisonment, or at any time after the inmate's period of imprison-
     9  ment  has commenced for an inmate serving a determinate or indeterminate
    10  term of imprisonment, provided that the inmate has had a final order  of
    11  deportation  issued  against  him  or  her and provided further that the
    12  inmate is not convicted of either an A-I felony offense  other  than  an
    13  A-I felony offense as defined in article two hundred twenty of the penal
    14  law or a violent felony offense as defined in section 70.02 of the penal
    15  law, if the inmate is subject to deportation by the United States Bureau
    16  of  Immigration and Customs Enforcement, in addition to the criteria set
    17  forth in paragraph (c) of this subdivision, the board may consider, as a
    18  factor warranting earlier release, the fact that  such  inmate  will  be
    19  deported, and may grant parole from an indeterminate sentence or release
    20  for  deportation  from a determinate sentence to such inmate conditioned
    21  specifically on his or her prompt deportation. The board may  make  such
    22  conditional  grant  of  early  parole  from an indeterminate sentence or
    23  release for deportation from a determinate sentence only  where  it  has
    24  received  from  the  United  States  Bureau  of  Immigration and Customs
    25  Enforcement assurance (A) that an order of deportation will be  executed
    26  or that proceedings will promptly be commenced for the purpose of depor-
    27  tation  upon release of the inmate from the custody of the department of
    28  correctional services, and (B) that the inmate,  if  granted  parole  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10764-01-9
        A. 11043                            2

     1  release for deportation pursuant to this paragraph, will not be released
     2  from  the custody of the United States Bureau of Immigration and Customs
     3  Enforcement, unless such release be as a result of  deportation  without
     4  providing the board a reasonable opportunity to arrange for execution of
     5  its warrant for the retaking of such person.
     6    § 2. This act shall take effect immediately.