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

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

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced) 2019-02-28 - reported referred to codes [A04319 Detail]

Download: New_York-2019-A04319-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
        Introduced  by  M.  of  A. WEPRIN, TAYLOR, GOTTFRIED, EPSTEIN, LENTOL --
          read once and referred to the Committee on Correction
        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 section of the law, where a person serv-
     4  ing a sentence of incarceration has served at least fifteen years  of  a
     5  determinate  or indeterminate sentence and has reached the age of fifty-
     6  five or greater, the board shall conduct  a  hearing  pursuant  to  this
     7  section  and  section two hundred fifty nine-i of this article to deter-
     8  mine whether such person should be released to community supervision. If
     9  the board determines that there is a  reasonable  probability  that,  if
    10  such person is released, he or she will live and remain at liberty with-
    11  out  violating  the  law and that his or her release is not incompatible
    12  with the welfare of society, then the board shall release the person  to
    13  community  supervision  even  if  the  person has not served the minimum
    14  sentence imposed by the judge. If release to  community  supervision  is
    15  not granted, the inmate shall be informed in writing within two weeks of
    16  such  appearance  of  the  factors  and  reasons  for the denial of such
    17  release and the board shall specify a date  not  more  than  twenty-four
    18  months  from  such determination for reconsideration, and the procedures
    19  to be followed upon reconsideration shall be the  same.  If  release  to
    20  community supervision is granted, the board shall set release conditions
    21  and  the  provisions of this section shall otherwise apply as though the
    22  inmate was released after the completion of his or her minimum sentence.
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.