senate Bill S6075

Amended

Authorizes the state board of parole to require a felony sex offender to serve his or her maximum term, if release would pose an imminent threat to society

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 08 / May / 2012
    • 1ST REPORT CAL.711
  • 09 / May / 2012
    • 2ND REPORT CAL.
  • 14 / May / 2012
    • AMENDED 6075A
  • 14 / May / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • PASSED SENATE
  • 11 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2012
    • REFERRED TO CODES

Summary

Authorizes the state board of parole to require a felony sex offender to serve his or her maximum term, if, by convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of felony sex offenders by the state board of parole upon such a finding.

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Bill Details

Versions:
S6075
S6075A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.40, Pen L; amd §803, Cor L

Votes

10
1
10
Aye
1
Nay
4
aye with reservations
1
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6075

TITLE OF BILL:
An act
to amend the penal law, in relation to denial of parole to certain
inmates who have been convicted of a felony sex
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 felony sex
offenders contingent
upon their not being an
imminent threat to society upon release

PURPOSE:
To authorize the State Board of Parole to require a felony
sex offender to serve his or her maximum term, if release would pose
an imminent threat to society.

EXISTING LAW:
Under existing law, conditional release is a statutory
type of release that the Board of Parole does not
have discretion to
grant or deny. Under indeterminate sentencing guidelines, when there
is a minimum and maximum sentence imposed, the inmate must serve 2/3
of their maximum sentence with no loss of good time. Under
determinate sentencing guidelines, where there is a flat length of
time, the inmate must serve 6/7 of their sentence, and have no loss
of good time.

SUMMARY OF PROVISIONS:
Section One: Paragraph (b) of subdivision 1 of section 70.40 of the
penal law, as amended by section 127-d-1 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to add (iii) which
provides the State Board of Parole the ability to deny the
conditional early release of a prisoner in the event that a finding
is made that the release of such prisoner would pose an imminent
threat to society.

Section Two: Paragraph (b) of subdivision 1 of section 70.40 of the
penal law, as amended by section 127-e of subpart B of part C of
chapter 62 of the laws of 2011, is amended to provide the State Board
of Parole the ability to deny the conditional early release of a
prisoner in the event that a finding is made that the release of such
prisoner would pose an imminent threat to society.

Section Three: Paragraph (a) of subdivision 1 of section 803 of the
correction law, as amended by section 37 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to provide that any time
allowance earned in prison by a felony sex offender shall be withheld
by the State Board of Parole upon a finding that such person would
pose an imminent threat to society if released from incarceration.

Section Four: Paragraph (a) of subdivision 1 of section 803 of the
correction law, as amended by chapter 126 of the laws of 1987 and as


designated by chapter 738 of the laws of 2004, is amended to provide
that any time allowance earned in prison by a felony sex offender
shall be withheld by the State Board of Parole upon a finding that
such person would pose an imminent threat to society if released from
incarceration.

Section Five: Sets forth the effective date.

JUSTIFICATION:
The recent sexual assault and murder of a woman in Utica, NY by a
career rapist named Robert Blainey who had been released early from
prison due to merit time earned for good behavior has tragically
highlighted the need to change the policy of conditional releases of
felony sex offenders. In this egregious case, Blainey is actually
quoted in transcripts to the parole board stating "Society is safer
with me in prison. I can sit here and tell you people I'm not going
to do it, I'm not going to do it, but it's not going to make a bit of
difference." He concluded: "In your opinion and your eyes I am a
low-life rapist, which is true, and I'm not going anywhere." Well,
Blainey did go somewhere and that is right back out into society to
sexually assault another woman who this time he killed.

Under Blainey's sentence he was only required to serve two-thirds of
his 1989 sentence of 12 1/2 to 25 years with the merit time he had
accumulated for good behavior while incarcerated. The State Parole
Board had no choice in the matter whether they believed he was still
a danger to society or not. As long as Blainey signed the document
agreeing to his conditional release terms he was free to go. This
legislation will grant the State Parole Board the power to stop
conditional releases such as this in the future if they deem fit.

This legislation will help protect innocent citizens like the motel
owner Blainey targeted after hiding in an empty room until he
attacked her on the night of November 2nd, only 5 weeks after he had
stopped following the reporting requirements of his conditional
release as police were searching for his whereabouts.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply
to criminal offenses committed on or after such date with certain
additional provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6075

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 felony sex 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 felony sex 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:

  Section  1.  Paragraph  (b)  of  subdivision 1 of section 70.40 of the
penal law, as amended by section 127-d-1 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (b) A person who is serving one or  more  than  one  indeterminate  or
determinate sentence of imprisonment shall, if he or she so requests, be
conditionally  released  from  the  institution  in  which  he or she is
confined when the total good behavior time allowed to him or her, pursu-
ant to the provisions of the correction law, is equal  to  the  unserved
portion  of  his  or  her  term, maximum term or aggregate maximum term;
provided, however, that (i) in no event shall a person  serving  one  or
more  indeterminate sentence of imprisonment and one or more determinate
sentence  of  imprisonment  which  run  concurrently  be   conditionally
released  until serving at least six-sevenths of the determinate term of
imprisonment which has the longest unexpired time to run; and (ii) in no
event shall a person be conditionally released  prior  to  the  date  on
which  such  person  is first eligible for discretionary parole release;
AND (III) IN THE EVENT THAT THE STATE BOARD OF PAROLE FINDS, IN  WRITING
AND  BY  CONVINCING  EVIDENCE,  THAT THE RELEASE OF A PERSON SERVING ANY
SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A FELONY SEX OFFENSE,  AS
DEFINED  IN SUBDIVISION ONE OF SECTION 70.80 OF THIS ARTICLE, WOULD POSE
AN IMMINENT THREAT TO SOCIETY, SUCH PERSON SHALL  NOT  BE  CONDITIONALLY
RELEASED  OR  PAROLED  AND  SHALL REMAIN IMPRISONED FOR HIS OR HER TERM,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13711-06-2

S. 6075                             2

MAXIMUM TERM OR AGGREGATE MAXIMUM TERM,  WHICHEVER  SHALL  BE  GREATEST.
The conditions of release, including those governing post-release super-
vision,  shall be such as may be imposed by the state board of parole in
accordance with the provisions of the executive law.
  Every  person  so released shall be under the supervision of the state
department of corrections and community supervision for a  period  equal
to  the  unserved  portion  of the term, maximum term, aggregate maximum
term, or period of post-release supervision.
  S 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law,
as amended by section 127-e of subpart B of part C of chapter 62 of  the
laws of 2011, is amended to read as follows:
  (b)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment shall, if he or  she  so  requests,  be  condi-
tionally  released  from  the institution in which he or she is confined
when the total good behavior time allowed to him or her, pursuant to the
provisions of the correction law, is equal to the  unserved  portion  of
his or her maximum or aggregate maximum term; PROVIDED, HOWEVER, THAT IN
THE  EVENT  THAT  THE  STATE  BOARD  OF  PAROLE FINDS, IN WRITING AND BY
CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERVING  ANY  SENTENCE
OF  IMPRISONMENT  FOR THE CONVICTION OF A FELONY SEX OFFENSE, AS DEFINED
IN SUBDIVISION ONE OF SECTION 70.80 OF THIS ARTICLE, WOULD POSE AN IMMI-
NENT THREAT TO SOCIETY, SUCH PERSON SHALL NOT BE CONDITIONALLY  RELEASED
OR  PAROLED  AND  SHALL REMAIN IMPRISONED FOR HIS OR HER MAXIMUM TERM OR
AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE GREATER.  The  conditions  of
release,  including  those  governing post-release supervision, shall be
such as may be imposed by the state board of parole in  accordance  with
the provisions of the executive law.
  Every person so released shall be under the supervision of the depart-
ment  of corrections and community supervision for a period equal to the
unserved portion of the maximum, aggregate maximum term,  or  period  of
post-release supervision.
  S  3.  Paragraph (a) of subdivision 1 of section 803 of the correction
law, as amended by section 37 of subpart B of part C of  chapter  62  of
the laws of 2011, is amended to read as follows:
  (a)  Every  person  confined  in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate or
determinate sentence of imprisonment, except a person serving a sentence
with a maximum term of life imprisonment,  may  receive  time  allowance
against  the  term or maximum term of his or her sentence imposed by the
court. Such allowances may be granted for good  behavior  and  efficient
and  willing  performance of duties assigned or progress and achievement
in an assigned treatment program, and  may  be  withheld,  forfeited  or
canceled  in  whole  or  in part for bad behavior, violation of institu-
tional rules or failure to perform properly in  the  duties  or  program
assigned.  PROVIDED, HOWEVER, THAT ANY TIME ALLOWANCE EARNED PURSUANT TO
THIS  SECTION  BY A PERSON SERVING A SENTENCE FOR CONVICTION OF A FELONY
SEX OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW
SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN  WRIT-
ING  AND BY CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN IMMINENT
THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
  S 4.  Paragraph (a) of subdivision 1 of section 803 of the  correction
law,  as amended by chapter 126 of the laws of 1987 and as designated by
chapter 738 of the laws of 2004, is amended to read as follows:
  (a) Every person confined in an institution of  the  department  or  a
facility  in  the  department of mental hygiene serving an indeterminate
sentence of imprisonment, except a person  serving  a  sentence  with  a

S. 6075                             3

maximum  term  of  life imprisonment, may receive time allowance against
the maximum term or period of his sentence not to exceed in  the  aggre-
gate  one-third  of the term or period imposed by the court. Such allow-
ances  may  be  granted  for  good  behavior  and  efficient and willing
performance of  duties  assigned  or  progress  and  achievement  in  an
assigned  treatment  program, and may be withheld, forfeited or canceled
in whole or in part for bad behavior, violation of  institutional  rules
or  failure  to  perform  properly  in  the  duties or program assigned.
PROVIDED, HOWEVER, THAT ANY  TIME  ALLOWANCE  EARNED  PURSUANT  TO  THIS
SECTION  BY  A  PERSON SERVING A SENTENCE FOR CONVICTION OF A FELONY SEX
OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.80  OF  THE  PENAL  LAW
SHALL  BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN WRIT-
ING AND BY CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN  IMMINENT
THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
  S  5. This act shall take effect immediately and shall apply to crimi-
nal offenses committed on or after such date; provided that  the  amend-
ments  to  paragraph  (b) of subdivision 1 of section 70.40 of the penal
law made by section one of this act shall be subject to  the  expiration
and  reversion of such paragraph pursuant to subdivision d of section 74
of chapter 3 of the laws of 1995, as amended, when upon  such  date  the
provisions  of  section two of this act shall take effect; and provided,
further that the amendments to section 803 of the correction  law,  made
by  section  three  of  this act, shall be subject to the expiration and
reversion of such section pursuant to subdivision d  of  section  74  of
chapter  3  of  the  laws  of  1995, as amended, when upon such date the
provisions of section four of this act shall take effect.

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