Bill Text: NY A04319 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to parole eligibility for certain inmates age fifty-five or older.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04319 Detail]
Download: New_York-2019-A04319-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4319--B 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, WALKER, QUART, SIMOTAS -- 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 commit- tee -- 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; (c) upon conviction for an offense defined in sections 490.25, 14 490.47 or 490.45 of the penal law; (d) upon conviction of one of the 15 following specified hate crimes pursuant to subdivision three of section 16 485.05 of the penal law: (i) subdivision one, two or four of section 17 125.20 (manslaughter in the first degree); (ii) section 125.25 (murder 18 in the second degree); (iii) subdivision one of section 125.15 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08550-04-9A. 4319--B 2 1 (manslaughter in the second degree); or (iv) subdivision one of section 2 130.35 (rape in the first degree); (e) of consecutive sentences of more 3 than ninety-nine years, where the intent of such sentences was to 4 provide the offender with a life sentence without the possibility of 5 parole; or (f) upon a conviction for an offense defined in section 6 125.25 or 125.27 of the penal law, where the victim of such offense was 7 a person described in subparagraphs (i), (ii), (ii-a), or (iii) of para- 8 graph (a) of subdivision one of section 125.27 of the penal law. If the 9 board determines that there is a reasonable probability that, if such 10 person is released, he or she will live and remain at liberty without 11 violating the law and that his or her release is not incompatible with 12 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 period or term of the sentence imposed by the sentencing court. If 15 release to community supervision is not granted, the inmate shall be 16 informed in writing within two weeks after such appearance of the 17 factors and reasons for the denial of such release and the board shall 18 specify a date not more than twenty-four months from such determination 19 for reconsideration, and the procedures to be followed upon reconsider- 20 ation shall be the same as upon such initial consideration. If release 21 to community supervision is granted, the board shall set release condi- 22 tions and the provisions of this section shall otherwise apply as though 23 the inmate was released after the completion of his or her minimum peri- 24 od or term of sentence. 25 § 2. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law.