Bill Text: NY A03495 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 3495 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the penal law, in relation to the conditional release of terminally ill inmates serving definite sentences

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to correction [A03495 Detail]

Download: New_York-2009-A03495-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3495
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by  M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK --
         read once and referred to the Committee on Correction
       AN ACT to amend the penal law, in relation to the conditional release of
         terminally ill inmates serving definite sentences
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The opening paragraph of subdivision 2 of section 70.40 of
    2  the penal law, as amended by chapter 467 of the laws of 1979, is amended
    3  to read as follows:
    4    A  person  who  is  serving  one or more than one definite sentence of
    5  imprisonment with a term or aggregate term in excess of ninety days may,
    6  if he OR SHE so requests, be conditionally released from the institution
    7  in which he OR SHE is confined at any time after service of  sixty  days
    8  of  that  term, exclusive of credits allowed under subdivisions four and
    9  six of section 70.30. In computing service of  sixty  days,  the  credit
   10  allowed  for jail time under subdivision three of section 70.30 shall be
   11  calculated as time served. Conditional  release  from  such  institution
   12  shall  be  in the discretion of the parole board, and shall be upon such
   13  conditions as may be imposed by  that  board,  in  accordance  with  the
   14  provisions  of the executive law.  THE LOCAL CONDITIONAL RELEASE COMMIS-
   15  SION MAY CONSIDER THE REQUEST OF, AND MAY GRANT THE CONDITIONAL  RELEASE
   16  OF,  A  PERSON  WHO  HAS BEEN CERTIFIED BY A LOCAL CORRECTIONAL FACILITY
   17  PHYSICIAN TO BE SUFFERING FROM A TERMINAL ILLNESS, WITHOUT REGARD TO THE
   18  AMOUNT OF TIME SERVED.  "TERMINAL ILLNESS" SHALL MEAN AN ILLNESS THAT IS
   19  EXPECTED TO CAUSE THE DEMISE OF AN INMATE BEFORE HE OR  SHE  SHALL  HAVE
   20  COMPLETED THE SENTENCE OF INCARCERATION.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04051-01-9