Bill Text: NY S08581 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to parole eligibility for certain inmates age fifty-five.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-05-10 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S08581 Detail]

Download: New_York-2017-S08581-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8581
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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 parole eligibility for
          certain inmates aged fifty-five or older
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 259-c of the executive law is amended by  adding  a
     2  new subdivision 18 to read as follows:
     3    18. notwithstanding any other section of the law, where a person serv-
     4  ing  a  sentence of incarceration has served at least fifteen years of a
     5  determinate or indeterminate sentence and has reached the age of  fifty-
     6  five  or  greater,  the  board  shall conduct a hearing pursuant to this
     7  section and section two hundred fifty nine-i of this article  to  deter-
     8  mine whether such person should be released to community supervision. If
     9  the  board  determines  that  there is a reasonable probability that, if
    10  such person is released, he or she will live and remain at liberty with-
    11  out violating the law and that his or her release  is  not  incompatible
    12  with  the welfare of society, then the board shall release the person to
    13  community supervision even if the person  has  not  served  the  minimum
    14  sentence  imposed  by  the judge. If release to community supervision is
    15  not granted, the inmate shall be informed in writing within two weeks of
    16  such appearance of the factors  and  reasons  for  the  denial  of  such
    17  release  and  the  board  shall specify a date not more than twenty-four
    18  months from such determination for reconsideration, and  the  procedures
    19  to  be  followed  upon  reconsideration shall be the same. If release to
    20  community supervision is granted, the board shall set release conditions
    21  and the provisions of this section shall otherwise apply as  though  the
    22  inmate was released after the completion of his or her minimum sentence.
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10369-06-8