Bill Text: NY A11391 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 11391 (Prior Session Legislation)

Introduced

Bill Title: Expands eligibility for the shock incarceration program.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-08-13 - signed chap.377 [A11391 Detail]

Download: New_York-2009-A11391-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         11391
                                 I N  A S S E M B L Y
                                     June 9, 2010
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Aubry,
         Sayward) -- read once and referred to the Committee on Correction
       AN ACT to amend the correction law, in relation to eligibility  for  the
         shock program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 865  of  the  correction  law,  as
    2  amended  by  section  1  of part L of chapter 56 of the laws of 2009, is
    3  amended to read as follows:
    4    1. "Eligible inmate" means a person sentenced to an indeterminate term
    5  of imprisonment who will become eligible for release  on  parole  within
    6  three  years or sentenced to a determinate term of imprisonment who will
    7  become eligible for conditional release within three years, who has  not
    8  reached the age of fifty years, who has not previously been convicted of
    9  a  VIOLENT  felony  AS DEFINED IN ARTICLE SEVENTY OF THE PENAL LAW, OR A
   10  FELONY IN ANY OTHER JURISDICTION WHICH INCLUDES  ALL  OF  THE  ESSENTIAL
   11  ELEMENTS  OF  ANY  SUCH  VIOLENT  FELONY, upon which an indeterminate or
   12  determinate term of imprisonment was imposed and  who  was  between  the
   13  ages  of  sixteen and fifty years at the time of commission of the crime
   14  upon which his or her present sentence was based  [except,  however,  an
   15  eligible  inmate shall not include a person sentenced as a second felony
   16  drug offender pursuant to subdivision four of section 70.70 of the penal
   17  law for a conviction of a class B felony offense defined in article  two
   18  hundred  twenty  of  the  penal  law]. Notwithstanding the foregoing, no
   19  person who is convicted of any of the following crimes shall  be  deemed
   20  eligible to participate in this program: (a) a violent felony offense as
   21  defined  in article seventy of the penal law, (b) an A-I felony offense,
   22  (c) any homicide offense as defined in article one  hundred  twenty-five
   23  of  the  penal law, (d) any felony sex offense as defined in article one
   24  hundred thirty of the penal law and (e) any escape or absconding offense
   25  as defined in article two hundred five of the penal law.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17669-01-0