assembly Bill A8961

2011-2012 Legislative Session

Relates to expanding prison work release program eligibility and participation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported referred to codes
Jan 10, 2012 referred to correction

Co-Sponsors

A8961 (ACTIVE) - Details

See Senate Version of this Bill:
S5920
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd ยง851, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4875, S1415
2015-2016: A2495, S1014
2017-2018: A4042, S4445
2019-2020: A4288, S806

A8961 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

A8961 (ACTIVE) - Bill Text download pdf

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

                                  8961

                          I N  A S S E M B L Y

                            January 10, 2012
                               ___________

Introduced  by M. of A. AUBRY -- 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 chapter 60 of the laws of  1994,  the  opening  paragraph  as
amended  by  chapter  320  of the laws of 2006, the closing paragraph as
amended by section 42 of subpart B of part C of chapter 62 of  the  laws
of 2011, is amended to read as follows:
  2. "Eligible inmate" 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 para-
graphs (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 participate 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 determinate
sentence, including any jail time credited pursuant to the provisions of
article seventy of the penal law, shall be at least eighteen months.  In
the  case  of a person serving an indeterminate sentence of imprisonment
imposed pursuant to the penal law in effect after September  one,  nine-
teen hundred sixty-seven, for the purposes of this article parole eligi-
bility  shall  be upon the expiration of the minimum period of imprison-
ment fixed by the court or where the court has  not  fixed  any  period,
after  service of the minimum period fixed by the state board of parole.

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

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