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Senate Bill S1885

2011-2012 Legislative Session

Requires guidelines for setting minimum period of imprisonment to include any history of violence or abuse directed at sentenced person by the victim

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2011-S1885 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S3320

2011-S1885 (ACTIVE) - Summary

Requires the guidelines for determining the minimum period of imprisonment to be served prior to parole consideration to include any history of violence or abuse directed at the sentenced person by the victim of the offense.

2011-S1885 (ACTIVE) - Sponsor Memo

2011-S1885 (ACTIVE) - Bill Text download pdf 

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

                                  1885

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ, SAMPSON -- 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  including  certain
  information  regarding  abuse  by victims of crime in determination of
  minimum period of incarceration

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision 1 of section 259-i of the
executive law, as added by chapter 904 of the laws of 1977,  is  amended
to read as follows:
  (a) In any case where a person is received in an institution under the
jurisdiction of the department of correctional services with an indeter-
minate  sentence, and the court has not fixed a minimum period of impri-
sonment, the board shall cause to be brought before one or more  members
in accordance with the rules of the board within one hundred twenty days
from  the  date on which such person is received in an institution under
the jurisdiction of the department of correctional services pursuant  to
such sentence or as soon thereafter as practicable, all information with
regard  to  such persons referred to in subdivision three of section two
hundred fifty-nine-c of this article. The member  or  members  receiving
such information shall study the same and shall personally interview the
sentenced  person.  Upon conclusion of the interview, he shall determine
the minimum period of imprisonment to be served prior to parole  consid-
eration  in  accordance with the guidelines adopted pursuant to subdivi-
sion four of section two hundred  fifty-nine-c  of  this  article.  Such
guidelines  shall  include  (i)  the seriousness of the offense with due
consideration to the type of sentence, length of sentence and  recommen-
dations of the sentencing court, the district attorney, the attorney for
the  inmate,  the pre-sentence probation report as well as consideration
of any mitigating  and  aggravating  factors,  INCLUDING  A  HISTORY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06210-01-1

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