Bill Text: NY S03273 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03273 Detail]
Download: New_York-2023-S03273-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3273 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. GRIFFO, HELMING, MATTERA, OBERACKER, STEC, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to denial of parole to certain inmates who have been convicted of a violent felony offense when the state board of parole finds, by convincing evidence, that the release of such inmate would pose an imminent threat to society; and to amend the correction law, in relation to making the earning of good behavior allowances for violent felony offenders contingent upon their not being an imminent threat to society upon release The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 70.40 of the 2 penal law, as amended by section 127-d-1 of subpart B of part C of chap- 3 ter 62 of the laws of 2011, is amended to read as follows: 4 (b) A person who is serving one or more than one indeterminate or 5 determinate sentence of imprisonment shall, if he or she so requests, be 6 conditionally released from the institution in which he or she is 7 confined when the total good behavior time allowed to him or her, pursu- 8 ant to the provisions of the correction law, is equal to the unserved 9 portion of his or her term, maximum term or aggregate maximum term; 10 provided, however, that (i) in no event shall a person serving one or 11 more indeterminate sentence of imprisonment and one or more determinate 12 sentence of imprisonment which run concurrently be conditionally 13 released until serving at least six-sevenths of the determinate term of 14 imprisonment which has the longest unexpired time to run; and (ii) in no 15 event shall a person be conditionally released prior to the date on 16 which such person is first eligible for discretionary parole release; 17 and (iii) in the event that the state board of parole finds, in writing 18 and by clear and convincing evidence, that the release of a person serv- 19 ing any sentence of imprisonment for the conviction of a violent felony EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04477-01-3S. 3273 2 1 offense, as defined in subdivision one of section 70.02 of this article, 2 would pose an imminent threat to society, such person shall not be 3 conditionally released or paroled and shall remain imprisoned for his or 4 her term, maximum term or aggregate maximum term, whichever shall be 5 greatest. The conditions of release, including those governing post-re- 6 lease supervision, shall be such as may be imposed by the state board of 7 parole in accordance with the provisions of the executive law. 8 Every person so released shall be under the supervision of the state 9 department of corrections and community supervision for a period equal 10 to the unserved portion of the term, maximum term, aggregate maximum 11 term, or period of post-release supervision. 12 § 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law, 13 as amended by section 127-e of subpart B of part C of chapter 62 of the 14 laws of 2011, is amended to read as follows: 15 (b) A person who is serving one or more than one indeterminate 16 sentence of imprisonment shall, if he or she so requests, be condi- 17 tionally released from the institution in which he or she is confined 18 when the total good behavior time allowed to him or her, pursuant to the 19 provisions of the correction law, is equal to the unserved portion of 20 his or her maximum or aggregate maximum term; provided, however, that in 21 the event that the state board of parole finds, in writing and by clear 22 and convincing evidence, that the release of a person serving any 23 sentence of imprisonment for the conviction of a violent felony offense, 24 as defined in subdivision one of section 70.02 of this article, would 25 pose an imminent threat to society, such person shall not be condi- 26 tionally released or paroled and shall remain imprisoned for his or her 27 maximum term or aggregate maximum term, whichever shall be greater. The 28 conditions of release, including those governing post-release super- 29 vision, shall be such as may be imposed by the state board of parole in 30 accordance with the provisions of the executive law. 31 Every person so released shall be under the supervision of the depart- 32 ment of corrections and community supervision for a period equal to the 33 unserved portion of the maximum, aggregate maximum term, or period of 34 post-release supervision. 35 § 3. Paragraph (a) of subdivision 1 of section 803 of the correction 36 law, as amended by section 37 of subpart B of part C of chapter 62 of 37 the laws of 2011, is amended to read as follows: 38 (a) Every person confined in an institution of the department or a 39 facility in the department of mental hygiene serving an indeterminate or 40 determinate sentence of imprisonment, except a person serving a sentence 41 with a maximum term of life imprisonment, may receive time allowance 42 against the term or maximum term of his or her sentence imposed by the 43 court. Such allowances may be granted for good behavior and efficient 44 and willing performance of duties assigned or progress and achievement 45 in an assigned treatment program, and may be withheld, forfeited or 46 canceled in whole or in part for bad behavior, violation of institu- 47 tional rules or failure to perform properly in the duties or program 48 assigned. Provided, however, that any time allowance earned pursuant to 49 this section by a person serving a sentence for conviction of a violent 50 felony offense defined in subdivision one of section 70.02 of the penal 51 law shall be withheld by the state board of parole upon a finding, in 52 writing and by clear and convincing evidence, that such person would 53 pose an imminent threat to society if released from incarceration. 54 § 4. Paragraph (a) of subdivision 1 of section 803 of the correction 55 law, as amended by chapter 126 of the laws of 1987 and as designated by 56 chapter 738 of the laws of 2004, is amended to read as follows:S. 3273 3 1 (a) Every person confined in an institution of the department or a 2 facility in the department of mental hygiene serving an indeterminate 3 sentence of imprisonment, except a person serving a sentence with a 4 maximum term of life imprisonment, may receive time allowance against 5 the maximum term or period of his sentence not to exceed in the aggre- 6 gate one-third of the term or period imposed by the court. Such allow- 7 ances may be granted for good behavior and efficient and willing 8 performance of duties assigned or progress and achievement in an 9 assigned treatment program, and may be withheld, forfeited or canceled 10 in whole or in part for bad behavior, violation of institutional rules 11 or failure to perform properly in the duties or program assigned. 12 Provided, however, that any time allowance earned pursuant to this 13 section by a person serving a sentence for conviction of a violent felo- 14 ny offense defined in subdivision one of section 70.02 of the penal law 15 shall be withheld by the state board of parole upon a finding, in writ- 16 ing and by clear and convincing evidence, that such person would pose an 17 imminent threat to society if released from incarceration. 18 § 5. This act shall take effect immediately; provided that the amend- 19 ments to paragraph (b) of subdivision 1 of section 70.40 of the penal 20 law made by section one of this act shall be subject to the expiration 21 and reversion of such paragraph pursuant to subdivision d of section 74 22 of chapter 3 of the laws of 1995, as amended, when upon such date the 23 provisions of section two of this act shall take effect; and provided, 24 further that the amendments to section 803 of the correction law, made 25 by section three of this act, shall be subject to the expiration and 26 reversion of such section pursuant to subdivision d of section 74 of 27 chapter 3 of the laws of 1995, as amended, when upon such date the 28 provisions of section four of this act shall take effect.
