Assembly Bill A7741

2023-2024 Legislative Session

Expands prison work release program eligibility and participation

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A7741 (ACTIVE) - Details

See Senate Version of this Bill:
S2920
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5920
2013-2014: S1415
2015-2016: S1014
2017-2018: S4445
2019-2020: S806
2021-2022: S4835

2023-A7741 (ACTIVE) - Summary

Expands prison work release program eligibility and participation.

2023-A7741 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7741
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, WEPRIN, AUBRY, STECK -- read once and
   referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to expanding prison work
   release program eligibility and participation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 851 of the correction law, as
 amended by section 228 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   2. "Eligible incarcerated individual" means: a person confined  in  an
 institution  who  is  eligible  for release on parole or who will become
 eligible for release on parole or conditional release within [two] THREE
 years.  Provided, however, that a person under sentence for  an  offense
 defined in paragraphs (a) and (b) of subdivision one of section 70.02 of
 the  penal law, where such offense involved the use or threatened use of
 a deadly weapon or dangerous instrument shall not be eligible to partic-
 ipate in a work release program until he or she is eligible for  release
 on  parole  or who will be eligible for release on parole or conditional
 release within [eighteen] THIRTY  months.  Provided,  further,  however,
 that  a  person  under  a  determinate  sentence as a second felony drug
 offender for a class B felony offense defined  in  article  two  hundred
 twenty  of the penal law, who was sentenced pursuant to section 70.70 of
 such law, shall not be eligible to participate in  a  temporary  release
 program until the time served under imprisonment for his or her determi-
 nate  sentence,  including  any  jail  time  credited  pursuant  to  the
 provisions of article seventy of the penal law, shall be at least  eigh-
 teen  months.  In the case of a person serving an indeterminate sentence
 of imprisonment imposed pursuant  to  the  penal  law  in  effect  after
 September  one,  nineteen  hundred sixty-seven, for the purposes of this
 article parole eligibility shall be upon the expiration of  the  minimum
 period  of  imprisonment  fixed  by the court or where the court has not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07516-03-3
              

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