Bill Text: NY S04734 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2019-03-22 - REFERRED TO CODES [S04734 Detail]

Download: New_York-2019-S04734-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4734
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
                                       ___________
        Introduced   by  Sens.  GRIFFO,  AKSHAR,  FUNKE,  HELMING,  RANZENHOFER,
          RITCHIE, SERINO, SEWARD, TEDISCO -- read twice  and  ordered  printed,
          and when printed to be committed to the Committee on Codes
        AN  ACT  to  amend  the  penal  law,  in relation to denial of parole to
          certain inmates who have been convicted of a  violent  felony  offense
          when the state board of parole finds, by convincing evidence, that the
          release  of  such inmate would pose an imminent threat to society; and
          to amend the correction law, in relation to making the earning of good
          behavior allowances for violent felony offenders contingent upon their
          not being an imminent threat to society upon release
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (b)  of  subdivision 1 of section 70.40 of the
     2  penal law, as amended by section 127-d-1 of subpart B of part C of chap-
     3  ter 62 of the laws of 2011, is amended to read as follows:
     4    (b) A person who is serving one or  more  than  one  indeterminate  or
     5  determinate sentence of imprisonment shall, if he or she so requests, be
     6  conditionally  released  from  the  institution  in  which  he or she is
     7  confined when the total good behavior time allowed to him or her, pursu-
     8  ant to the provisions of the correction law, is equal  to  the  unserved
     9  portion  of  his  or  her  term, maximum term or aggregate maximum term;
    10  provided, however, that (i) in no event shall a person  serving  one  or
    11  more  indeterminate sentence of imprisonment and one or more determinate
    12  sentence  of  imprisonment  which  run  concurrently  be   conditionally
    13  released  until serving at least six-sevenths of the determinate term of
    14  imprisonment which has the longest unexpired time to run; and (ii) in no
    15  event shall a person be conditionally released  prior  to  the  date  on
    16  which  such  person  is first eligible for discretionary parole release;
    17  and (iii) in the event that the state board of parole finds, in  writing
    18  and by clear and convincing evidence, that the release of a person serv-
    19  ing  any sentence of imprisonment for the conviction of a violent felony
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10450-01-9

        S. 4734                             2
     1  offense, as defined in subdivision one of section 70.02 of this article,
     2  would pose an imminent threat to  society,  such  person  shall  not  be
     3  conditionally released or paroled and shall remain imprisoned for his or
     4  her  term,  maximum  term  or aggregate maximum term, whichever shall be
     5  greatest.  The conditions of release, including those governing post-re-
     6  lease supervision, shall be such as may be imposed by the state board of
     7  parole in accordance with the provisions of the executive law.
     8    Every person so released shall be under the supervision of  the  state
     9  department  of  corrections and community supervision for a period equal
    10  to the unserved portion of the term,  maximum  term,  aggregate  maximum
    11  term, or period of post-release supervision.
    12    § 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law,
    13  as  amended by section 127-e of subpart B of part C of chapter 62 of the
    14  laws of 2011, is amended to read as follows:
    15    (b) A person who  is  serving  one  or  more  than  one  indeterminate
    16  sentence  of  imprisonment  shall,  if  he or she so requests, be condi-
    17  tionally released from the institution in which he or  she  is  confined
    18  when the total good behavior time allowed to him or her, pursuant to the
    19  provisions  of  the  correction law, is equal to the unserved portion of
    20  his or her maximum or aggregate maximum term; provided, however, that in
    21  the event that the state board of parole finds, in writing and by  clear
    22  and  convincing  evidence,  that  the  release  of  a person serving any
    23  sentence of imprisonment for the conviction of a violent felony offense,
    24  as defined in subdivision one of section 70.02 of  this  article,  would
    25  pose  an  imminent  threat  to  society, such person shall not be condi-
    26  tionally released or paroled and shall remain imprisoned for his or  her
    27  maximum  term or aggregate maximum term, whichever shall be greater. The
    28  conditions of release, including  those  governing  post-release  super-
    29  vision,  shall be such as may be imposed by the state board of parole in
    30  accordance with the provisions of the executive law.
    31    Every person so released shall be under the supervision of the depart-
    32  ment of corrections and community supervision for a period equal to  the
    33  unserved  portion  of  the maximum, aggregate maximum term, or period of
    34  post-release supervision.
    35    § 3. Paragraph (a) of subdivision 1 of section 803 of  the  correction
    36  law,  as  amended  by section 37 of subpart B of part C of chapter 62 of
    37  the laws of 2011, is amended to read as follows:
    38    (a) Every person confined in an institution of  the  department  or  a
    39  facility in the department of mental hygiene serving an indeterminate or
    40  determinate sentence of imprisonment, except a person serving a sentence
    41  with  a  maximum  term  of life imprisonment, may receive time allowance
    42  against the term or maximum term of his or her sentence imposed  by  the
    43  court.  Such  allowances  may be granted for good behavior and efficient
    44  and willing performance of duties assigned or progress  and  achievement
    45  in  an  assigned  treatment  program,  and may be withheld, forfeited or
    46  canceled in whole or in part for bad  behavior,  violation  of  institu-
    47  tional  rules  or  failure  to perform properly in the duties or program
    48  assigned.  Provided, however, that any time allowance earned pursuant to
    49  this section by a person serving a sentence for conviction of a  violent
    50  felony  offense defined in subdivision one of section 70.02 of the penal
    51  law shall be withheld by the state board of parole upon  a  finding,  in
    52  writing  and  by  clear  and convincing evidence, that such person would
    53  pose an imminent threat to society if released from incarceration.
    54    § 4.  Paragraph (a) of subdivision 1 of section 803 of the  correction
    55  law,  as amended by chapter 126 of the laws of 1987 and as designated by
    56  chapter 738 of the laws of 2004, is amended to read as follows:

        S. 4734                             3
     1    (a) Every person confined in an institution of  the  department  or  a
     2  facility  in  the  department of mental hygiene serving an indeterminate
     3  sentence of imprisonment, except a person  serving  a  sentence  with  a
     4  maximum  term  of  life imprisonment, may receive time allowance against
     5  the  maximum  term or period of his sentence not to exceed in the aggre-
     6  gate one-third of the term or period imposed by the court.  Such  allow-
     7  ances  may  be  granted  for  good  behavior  and  efficient and willing
     8  performance of  duties  assigned  or  progress  and  achievement  in  an
     9  assigned  treatment  program, and may be withheld, forfeited or canceled
    10  in whole or in part for bad behavior, violation of  institutional  rules
    11  or  failure  to  perform  properly  in  the  duties or program assigned.
    12  Provided, however, that any  time  allowance  earned  pursuant  to  this
    13  section by a person serving a sentence for conviction of a violent felo-
    14  ny  offense defined in subdivision one of section 70.02 of the penal law
    15  shall be withheld by the state board of parole upon a finding, in  writ-
    16  ing and by clear and convincing evidence, that such person would pose an
    17  imminent threat to society if released from incarceration.
    18    §  5. This act shall take effect immediately; provided that the amend-
    19  ments to paragraph (b) of subdivision 1 of section 70.40  of  the  penal
    20  law  made  by section one of this act shall be subject to the expiration
    21  and reversion of such paragraph pursuant to subdivision d of section  74
    22  of  chapter  3  of the laws of 1995, as amended, when upon such date the
    23  provisions of section two of this act shall take effect;  and  provided,
    24  further  that  the amendments to section 803 of the correction law, made
    25  by section three of this act, shall be subject  to  the  expiration  and
    26  reversion  of  such  section  pursuant to subdivision d of section 74 of
    27  chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
    28  provisions of section four of this act shall take effect.
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