senate Bill S6020A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 referred to correction
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
amended 6020a
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.709
Jan 04, 2012 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6020 - Details

See Assembly Version of this Bill:
A8915A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §70.40, Pen L; amd §803, Cor L

S6020 - Summary

Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and 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.

S6020 - Sponsor Memo

S6020 - Bill Text download pdf

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

                                  6020

                            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 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
  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 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

S6020A (ACTIVE) - Details

See Assembly Version of this Bill:
A8915A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §70.40, Pen L; amd §803, Cor L

S6020A (ACTIVE) - Summary

Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and 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.

S6020A (ACTIVE) - Sponsor Memo

S6020A (ACTIVE) - Bill Text download pdf

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

                                 6020--A
    Cal. No. 709

                            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 -- reported  favora-
  bly  from  said committee, ordered to first and second report, amended
  on second report, ordered to a third reading, and to be  reprinted  as
  amended, retaining its place in the order of third reading

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
  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 CLEAR AND CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERV-
ING  ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT FELONY

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