S T A T E O F N E W Y O R K
________________________________________________________________________
2048
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- 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 correction law, in relation to eligible inmates for
temporary release programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 2 of section 851 of
the correction law, as amended by chapter 320 of the laws of 2006, is
amended to read as follows:
"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 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 danger-
ous 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
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, nineteen hundred sixty-sev-
en, for the purposes of this article parole eligibility shall be upon
the expiration of the minimum period of imprisonment fixed by the court
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06526-01-1
S. 2048 2
or where the court has not fixed any period, after service of the mini-
mum period fixed by the state board of parole. If an inmate is denied
release on parole, such inmate shall not be deemed an eligible inmate
until he or she is within two years of his or her next scheduled appear-
ance before the state parole board. In any case where an inmate is
denied release on parole while participating in a temporary release
program, the department shall review the status of the inmate to deter-
mine if continued placement in the program is appropriate. No person
convicted of any escape or absconding offense defined in article two
hundred five OR BAIL JUMPING AS DEFINED IN SECTION 215.55, 215.56 OR
215.57 of the penal law shall be eligible for temporary release.
Further, no person under sentence for aggravated harassment of an
employee by an inmate as defined in section 240.32 of the penal law for,
any homicide offense defined in article one hundred twenty-five of the
penal law, for any sex offense defined in article one hundred thirty of
the penal law, or for an offense defined in section 255.25, 255.26 or
255.27 of the penal law shall be eligible to participate in a work
release program as defined in subdivision three of this section. Nor
shall any person under sentence for any sex offense defined in article
one hundred thirty of the penal law be eligible to participate in a
community services program as defined in subdivision five of this
section. Notwithstanding the foregoing, no person who is an otherwise
eligible inmate who is under sentence for a crime involving: (a)
infliction of serious physical injury upon another as defined in the
penal law or (b) any other offense involving the use or threatened use
of a deadly weapon may participate in a temporary release program with-
out the written approval of the commissioner. The commissioner shall
promulgate regulations giving direction to the temporary release commit-
tee at each institution in order to aid such committees in carrying out
this mandate.
S 2. This act shall take effect immediately, provided, however, that
the amendments to subdivision 2 of section 851 of the correction law
made by section one of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.