Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 14, 2012 |
print number 8915a |
May 14, 2012 |
amend and recommit to correction |
Jan 04, 2012 |
referred to correction |
Assembly Bill A8915
2011-2012 Legislative Session
Sponsored By
BRINDISI
Archive: Last 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
Actions
Bill Amendments
2011-A8915 - Details
2011-A8915 - Summary
Authorizes the state board of parole to require a violent felony 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 violent felony offenders by the state board of parole upon such a finding.
2011-A8915 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8915 I N A S S E M B L Y (PREFILED) January 4, 2012 ___________ Introduced by M. of A. BRINDISI -- read once and referred to the Commit- tee on Correction 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 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 VIOLENT FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE, WOULD POSE AN IMMINENT THREAT TO SOCIETY, SUCH PERSON SHALL NOT BE CONDI- TIONALLY RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR HER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
2011-A8915A (ACTIVE) - Details
2011-A8915A (ACTIVE) - Summary
Authorizes the state board of parole to require a violent felony 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 violent felony offenders by the state board of parole upon such a finding.
2011-A8915A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8915--A I N A S S E M B L Y (PREFILED) January 4, 2012 ___________ Introduced by M. of A. BRINDISI -- read once and referred to the Commit- tee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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 CLEAR AND CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERV- ING ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE, WOULD POSE AN IMMINENT THREAT TO SOCIETY, SUCH PERSON SHALL NOT BE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.