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 |
Senate Bill S6020
2011-2012 Legislative Session
Sponsored By
(R, C) 53rd Senate District
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
Votes
Bill Amendments
2011-S6020 - Details
- See Assembly Version of this Bill:
- A8915
- Current Committee:
- Assembly Correction
- Law Section:
- Penal Law
- Laws Affected:
- Amd §70.40, Pen L; amd §803, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S3871, A2618
2015-2016: S2720, A2411
2017-2018: S2730, A2392
2019-2020: S4734
2021-2022: S4197
2023-2024: S3273
2011-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.
2011-S6020 - Sponsor Memo
BILL NUMBER:S6020 TITLE OF BILL: 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 PURPOSE: To authorize 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. EXISTING LAW: Under existing law, conditional release is a statutory type of release that the Board of Parole does not have discretion to grant or deny. Under indeterminate sentencing guidelines, when there is a minimum and maximum sentence imposed, the inmate must serve 2/3 of their maximum sentence with no loss of good time. Under determinate sentencing guidelines, where there is a flat length of time, the inmate must serve 6/7 of their sentence, and have no loss
2011-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
2011-S6020A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8915
- Current Committee:
- Assembly Correction
- Law Section:
- Penal Law
- Laws Affected:
- Amd §70.40, Pen L; amd §803, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S3871, A2618
2015-2016: S2720, A2411
2017-2018: S2730, A2392
2019-2020: S4734
2021-2022: S4197
2023-2024: S3273
2011-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.
2011-S6020A (ACTIVE) - Sponsor Memo
BILL NUMBER:S6020A TITLE OF BILL: 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 PURPOSE: To authorize 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. SUMMARY OF PROVISIONS: Section One: 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 chapter 62 of the laws of 2011, is amended to add (iii) which provides the State Board of Parole the ability to deny the conditional early release of a prisoner in the event that a finding is made that the release of such prisoner would pose an imminent threat to society.
2011-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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