Bill Text: NY S02663 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to expanding eligibility for shock incarceration, successful completion of such shall make such inmate eligible for release under certain conditions.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02663 Detail]

Download: New_York-2019-S02663-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2663
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        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 correction law and the penal  law,  in  relation  to
          eligibility for shock incarceration
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The section heading of section 806 of the  correction  law,
     2  as  added  by  section 5 of part E of chapter 62 of the laws of 2003, is
     3  amended and a new subdivision 8 is added to read as follows:
     4    Presumptive release program [for nonviolent inmates].
     5    8. Notwithstanding any other subdivision of this section an inmate who
     6  successfully completes a shock incarceration program shall  be  eligible
     7  for presumptive release pursuant to section eight hundred sixty-seven of
     8  this chapter or section 70.40 of the penal law.
     9    § 2. Section 865 of the correction law, as added by chapter 261 of the
    10  laws  of  1987,  subdivision  1 as amended by chapter 377 of the laws of
    11  2010 and subdivision 2 as amended by section 2 of part L of  chapter  56
    12  of the laws of 2009, is amended to read as follows:
    13    § 865. Definitions. As used in this article, the following terms mean:
    14    1. "Eligible inmate" means a person sentenced to an indeterminate term
    15  of  imprisonment  who  will become eligible for release on parole within
    16  [three] five years or sentenced to a determinate  term  of  imprisonment
    17  who  will  become  eligible  for conditional release within [three] five
    18  years, who has not reached the age of [fifty] fifty-six years,  who  has
    19  not  previously been convicted of a violent felony as defined in article
    20  seventy of the penal law, or a felony in any  other  jurisdiction  which
    21  includes  all of the essential elements of any such violent felony, upon
    22  which an indeterminate or determinate term of imprisonment  was  imposed
    23  and  who was between the ages of sixteen and [fifty] fifty-five years at
    24  the time of commission of the  crime  upon  which  his  or  her  present
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07234-01-9
        S. 2663                             2
     1  sentence  was  based.  Notwithstanding  the  foregoing, no person who is
     2  convicted of any of the following crimes shall  be  deemed  eligible  to
     3  participate in this program: (a) a [violent felony offense as defined in
     4  article  seventy of the penal law,] violent felony offense as defined in
     5  paragraph (a) of subdivision one of section 70.02 of the penal law,  (b)
     6  an  A-I  felony  offense, (c) any homicide offense as defined in article
     7  one hundred twenty-five of the penal law, (d) any felony sex offense  as
     8  defined  in  article  one  hundred  thirty  of the penal law and (e) any
     9  escape or absconding offense as defined in article two hundred  five  of
    10  the penal law.
    11    2.  "Shock  incarceration  program"  means a program pursuant to which
    12  eligible inmates are selected to participate in the program and serve  a
    13  period  of  six  months  in  a shock incarceration facility, which shall
    14  provide rigorous physical activity, intensive regimentation  and  disci-
    15  pline  and  rehabilitation  therapy and programming. Such inmates may be
    16  selected either: (i) at  a  reception  center;  or  (ii)  at  a  general
    17  confinement  facility  when  the  otherwise eligible inmate then becomes
    18  eligible for release on parole within [three] five years in the case  of
    19  an  indeterminate  term  of  imprisonment,  or then becomes eligible for
    20  conditional release within [three] five years in the case of a  determi-
    21  nate term of imprisonment.
    22    § 3. Subdivision 4 of section 867 of the correction law, as amended by
    23  chapter 738 of the laws of 2004, is amended to read as follows:
    24    4.  An  inmate  who  has  successfully completed a shock incarceration
    25  program shall be eligible to receive such a certificate of earned eligi-
    26  bility pursuant to section eight hundred five of this chapter.  Notwith-
    27  standing any other provision of law, an inmate [sentenced to a  determi-
    28  nate]  serving a sentence of imprisonment who has successfully completed
    29  a shock incarceration program  shall  be  eligible  to  receive  such  a
    30  certificate  of  earned eligibility and shall be immediately eligible to
    31  be conditionally released, paroled or presumptively released pursuant to
    32  section 70.40 of the penal law.
    33    § 4. Subparagraph (v) of paragraph (a) of  subdivision  1  of  section
    34  70.40 of the penal law, as amended by section 127-c of subpart B of part
    35  C of chapter 62 of the laws of 2011, is amended to read as follows:
    36    (v) Notwithstanding any other subparagraph of this paragraph, a person
    37  may  be  paroled  from the institution in which he or she is confined at
    38  any time on medical parole pursuant to section two hundred  fifty-nine-r
    39  or section two hundred fifty-nine-s of the executive law or for deporta-
    40  tion pursuant to paragraph (d) of subdivision two of section two hundred
    41  fifty-nine-i  of  the executive law or paroled or presumptively released
    42  after the successful completion of a shock incarceration program  pursu-
    43  ant to article twenty-six-A of the correction law.
    44    §  5.  This  act shall take effect on the ninetieth day after it shall
    45  have become a law; provided, however, that the amendments to section 806
    46  of the correction law made by section one of this act shall  not  affect
    47  the  repeal  of such section and shall be deemed repealed therewith; and
    48  further provided, that the amendments to subparagraph (v)  of  paragraph
    49  (a)  of  subdivision 1 of section 70.40 of the penal law made by section
    50  four of this act shall not affect the expiration of such  paragraph  and
    51  shall be deemed to expire therewith.