Bill Text: NY S02202 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to permitting an inmate who has had a final order of deportation issued against him or her, has not been convicted of an A-1 felony and who is eligible for early release to receive a conditional release.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02202 Detail]
Download: New_York-2021-S02202-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2202 2021-2022 Regular Sessions IN SENATE January 20, 2021 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to permitting a qualified inmate eligible for early release to receive a conditional release The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (d) of subdivision 2 of 2 section 259-i of the executive law, as amended by section 38-f-1 of 3 subpart A of part C of chapter 62 of the laws of 2011, is amended to 4 read as follows: 5 (i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of 6 this subdivision, after the inmate has served his or her minimum period 7 of imprisonment imposed by the court or is eligible for early release 8 from imprisonment, or at any time after the inmate's period of imprison- 9 ment has commenced for an inmate serving a determinate or indeterminate 10 term of imprisonment, provided that the inmate has had a final order of 11 deportation issued against him or her and provided further that the 12 inmate is not convicted of either an A-I felony offense other than an 13 A-I felony offense as defined in article two hundred twenty of the penal 14 law or a violent felony offense as defined in section 70.02 of the penal 15 law, if the inmate is subject to deportation by the United States Bureau 16 of Immigration and Customs Enforcement, in addition to the criteria set 17 forth in paragraph (c) of this subdivision, the board may consider, as a 18 factor warranting earlier release, the fact that such inmate will be 19 deported, and may grant parole from an indeterminate sentence or release 20 for deportation from a determinate sentence to such inmate conditioned 21 specifically on his or her prompt deportation. The board may make such 22 conditional grant of early parole from an indeterminate sentence or 23 release for deportation from a determinate sentence only where it has 24 received from the United States Bureau of Immigration and Customs EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04454-01-1S. 2202 2 1 Enforcement assurance (A) that an order of deportation will be executed 2 or that proceedings will promptly be commenced for the purpose of depor- 3 tation upon release of the inmate from the custody of the department of 4 correctional services, and (B) that the inmate, if granted parole or 5 release for deportation pursuant to this paragraph, will not be released 6 from the custody of the United States Bureau of Immigration and Customs 7 Enforcement, unless such release be as a result of deportation without 8 providing the board a reasonable opportunity to arrange for execution of 9 its warrant for the retaking of such person. 10 § 2. This act shall take effect immediately.