Bill Text: NY S08202 | 2017-2018 | General Assembly | Introduced

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Bill Title: Clarifies that the parole board may condition release on parole for certain inmates subject to deportation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08202 Detail]

Download: New_York-2017-S08202-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8202
                    IN SENATE
                                     April 17, 2018
                                       ___________
        Introduced  by  Sen.  GALLIVAN -- (at request of the Board of Parole) --
          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 clarifying eligibility
          for release conditioned upon deportation
          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  minimum  period  of
     7  imprisonment  imposed  by  the  court, or at any time after the inmate's
     8  period of imprisonment has commenced for an inmate serving a determinate
     9  or indeterminate term of imprisonment, provided that the] if  an  inmate
    10  [has  had  a  final order of deportation issued against him and provided
    11  further that the inmate is not convicted of either an A-I felony offense
    12  other than an A-I felony offense as defined in article two hundred twen-
    13  ty of the penal law or a violent felony offense as  defined  in  section
    14  70.02  of the penal law, if the inmate] is subject to deportation by the
    15  United States Bureau of Immigration and Customs Enforcement,  [in  addi-
    16  tion to the criteria set forth in paragraph (c) of this subdivision, the
    17  board  may  consider,  as  a factor warranting earlier release, the fact
    18  that such inmate will be deported, and] the board may grant [parole from
    19  an indeterminate sentence or] release [for deportation] from a  determi-
    20  nate  or  indeterminate sentence to such inmate conditioned specifically
    21  on his or her prompt deportation. The board may  make  such  conditional
    22  grant  of  [early  parole from an indeterminate sentence or] release for
    23  deportation [from a determinate sentence] only  where  it  has  received
    24  from  the  United  States  Bureau of Immigration and Customs Enforcement
    25  assurance [(A)] that an order of deportation will be executed  [or  that
    26  proceedings will] promptly [be commenced for the purpose of deportation]
    27  upon  release  of  the  inmate  from  the  custody of the department [of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14325-01-8
        S. 8202                             2

     1  correctional services], and [(B)] that the inmate, if [granted parole or
     2  release for deportation pursuant to this paragraph,] not  deported  will
     3  not  be  released  from the custody of the United States Bureau of Immi-
     4  gration  and Customs Enforcement[, unless such release be as a result of
     5  deportation] without providing the board  a  reasonable  opportunity  to
     6  arrange  for  execution  of its warrant for the retaking of such person.
     7  After considering the criteria set forth in paragraph (c) of this subdi-
     8  vision, the board may grant such conditional release for deportation  as
     9  follows:
    10    (A)  For  an  inmate who has served the minimum period of imprisonment
    11  imposed by the courts and is therefore eligible for  release  on  parole
    12  pursuant to subdivision one of section 70.40 of the penal law, the board
    13  may  grant  release conditioned upon deportation regardless of the crime
    14  of conviction.
    15    (B) For an inmate who has not yet served the minimum period of  impri-
    16  sonment  for  an  indeterminate sentence or who is serving a determinate
    17  sentence and is therefore not eligible for release on parole pursuant to
    18  subdivision one of subdivision 70.40 of the penal  law,  the  board  may
    19  grant  early  release  conditioned upon deportation if the inmate is not
    20  convicted of a violent felony offense as defined in section 70.02 of the
    21  penal law or an A-I felony offense, other than an A-I felony offense  as
    22  defined in article two hundred twenty of the penal law.
    23    § 2. This act shall take effect immediately.