NY State Assembly Bill 2013-A4875A

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to correction
Jun 04, 2013	reported referred to codes
May 30, 2013	print number 4875a
May 30, 2013	amend and recommit to correction
Feb 12, 2013	referred to correction

Bill Amendments

Original

A (Active)

co-Sponsors

2013-A4875 - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8961
2015-2016: A2495
2017-2018: A4042
2019-2020: A4288

2013-A4875 - Summary

Relates to expanding prison work release program eligibility and participation.

2013-A4875 - Bill Text download pdf

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

                                  4875

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2013
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY, STEVENSON, ROBERTS, KAVANAGH --
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04044-01-3

A. 4875                             2

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.
[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  appearance  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 determine if continued placement in the program is  appro-
priate.  No person convicted of any escape or absconding offense defined
in article two hundred five 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, FOR AN ACT OF TERRORISM AS  DEFINED  IN
ARTICLE  FOUR  HUNDRED NINETY OF THE PENAL LAW, FOR AN OFFENSE INVOLVING
THE SEXUAL PERFORMANCE OF A CHILD AS  DEFINED  IN  ARTICLE  TWO  HUNDRED
SIXTY-THREE  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  partic-
ipate  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  partic-
ipate  in a community services program as defined in subdivision five of
this section. [Notwithstanding the foregoing, no person who is an other-
wise 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] DETERMINING WHICH INMATES ARE ELIGIBLE AND APPROPRIATE TO
PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.
  The governor[, by executive order,] may NOT ISSUE OR ENFORCE ANY EXEC-
UTIVE ORDER TO exclude or  limit  the  participation  of  any  class  of
[otherwise]  eligible  inmates from participation in a temporary release
program. Nothing in this paragraph shall be construed to affect  [either
the  validity  of  any  executive  order  previously issued limiting the
participation of otherwise eligible inmates  in  such  program  or]  the
authority  of  the  commissioner  OF  THE  DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION to impose appropriate regulations  [limiting  such
participation]  FOR DETERMINING WHICH INMATES ARE ELIGIBLE AND APPROPRI-
ATE TO PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.  THE  COMMISSIONER
SHALL  PROMULGATE REGULATIONS GIVING DIRECTION TO DEPARTMENT AND TRANSI-
TIONAL SERVICES STAFF WITH REGARD TO DEVELOPING AND  PROVIDING  PROGRAM-
MATIC  SUPPORT  TO  TEMPORARY  RELEASE PARTICIPANTS WITH EMPHASIS ON THE
FIRST THREE MONTHS OF WORK RELEASE.
  S 2. Subdivision 2 of section 851 of the correction law, as amended by
chapter 447 of the laws of 1991, the opening  paragraph  as  amended  by
chapter 252 of the laws of 2005, and the closing paragraph as amended by
section  43 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,

A. 4875                             3

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 determi-
nate  sentence,  including  any  jail  time  credited  pursuant  to  the
provisions  of article seventy of the penal law, shall be at least eigh-
teen 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-seven, for the  purposes  of  this
article  parole  eligibility shall be upon the expiration of the minimum
period of imprisonment 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. [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 appearance 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 determine if continued  placement  in
the  program  is  appropriate.  No  person  convicted  of  any escape or
absconding offense defined in article two hundred five 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,  FOR  AN
ACT  OF TERRORISM AS DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL
LAW, FOR AN OFFENSE INVOLVING THE  SEXUAL  PERFORMANCE  OF  A  CHILD  AS
DEFINED  IN  ARTICLE TWO HUNDRED SIXTY-THREE 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  fore-
going,  no  person  who  is  an  otherwise  eligible inmate who is under
sentence for a crime involving: (a) infliction of serious physical inju-
ry upon another as defined in the penal law, (b) a sex offense involving
forcible compulsion, or (c) any  other  offense  involving  the  use  or
threatened use of a deadly weapon may participate in a temporary release
program  without  the written approval of the commissioner.] The commis-
sioner shall promulgate regulations giving direction  to  the  temporary
release committee at each institution in order to aid such committees in
[carrying  out  this mandate] DETERMINING WHICH INMATES ARE ELIGIBLE AND
APPROPRIATE TO PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.
  The governor[, by executive order,] may NOT ISSUE OR ENFORCE ANY EXEC-
UTIVE ORDER TO exclude or  limit  the  participation  of  any  class  of
[otherwise]  eligible  inmates from participation in a temporary release
program. Nothing in this paragraph shall be construed to affect  [either
the  validity  of  any  executive  order  previously issued limiting the
participation of otherwise eligible inmates  in  such  program  or]  the
authority  of the commissioner to impose appropriate regulations [limit-
ing such participation] FOR DETERMINING WHICH INMATES ARE  ELIGIBLE  AND
APPROPRIATE  TO  PARTICIPATE IN TEMPORARY RELEASE PROGRAMS.  THE COMMIS-
SIONER SHALL PROMULGATE REGULATIONS GIVING DIRECTION TO  DEPARTMENT  AND
TRANSITIONAL  SERVICES  STAFF  WITH  REGARD  TO DEVELOPING AND PROVIDING

A. 4875                             4

PROGRAMMATIC SUPPORT TO TEMPORARY RELEASE PARTICIPANTS WITH EMPHASIS  ON
THE FIRST THREE MONTHS OF WORK RELEASE.
  S  3.  Subdivision 2 of section 851 of the correction law, as added by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. "Eligible inmate" means a person confined in an institution where a
work release program has been established who is eligible for release on
parole or who will become eligible for release  on  parole  within  [one
year] THREE YEARS.
  S 4. Subdivision 2-a of section 851 of the correction law, as added by
chapter 251 of the laws of 2002, is amended to read as follows:
  2-a. Notwithstanding subdivision two of this section, the term "eligi-
ble  inmate"  shall also include 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, and
who was convicted of a  homicide  offense  as  defined  in  article  one
hundred  twenty-five  of the penal law [or an assault offense defined in
article one hundred twenty of the penal law,] and who can demonstrate to
the commissioner that: (a) the victim of such homicide or assault was  a
member  of  the  inmate's  immediate  family  as that term is defined in
section 120.40 of the penal law or  had  a  child  in  common  with  the
inmate;  (b) the inmate was subjected to substantial physical, sexual or
psychological abuse committed by the victim of such homicide or assault;
and (c) such abuse was a substantial factor in  causing  the  inmate  to
commit  such homicide or assault. With respect to an inmate's claim that
he or she was subjected to substantial physical, sexual or psychological
abuse committed by the victim, such demonstration shall include corrobo-
rative material that may include, but is not limited to, witness  state-
ments,  social  services  records,  hospital  records,  law  enforcement
records and a showing based in part on documentation prepared at or near
the time of the commission of the offense  or  the  prosecution  thereof
tending  to  support the inmate's claim. Prior to making a determination
under this subdivision, the commissioner is required to request and take
into consideration the opinion of the district attorney  who  prosecuted
the  underlying  homicide  or  assault  offense  and  the opinion of the
sentencing court. If such opinions are received within  forty-five  days
of  the request, the commissioner shall take them into consideration. If
such opinions are not so received, the commissioner may proceed with the
determination. Any action by the commissioner pursuant to this  subdivi-
sion  shall be deemed a judicial function and shall not be reviewable in
any court.
  S 5. Subdivision 2-b of section 851 of the correction law, as added by
chapter 738 of the laws of 2004, is amended to read as follows:
  2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release,  for  purposes
of  determining eligibility for temporary release or for placement at an
alcohol and substance abuse treatment correctional  annex,  the  commis-
sioner  shall  consider and include credit for all potential credits and
reductions including but not limited to  merit  time,  ADDITIONAL  MERIT
TIME  and good behavior allowances. Nothing in this subdivision shall be
interpreted as precluding the consideration and inclusion of credit  for
all  potential  credits  and  reductions  including, but not limited to,
merit time, ADDITIONAL MERIT TIME  and  good  behavior  allowances  when
calculating  in advance for any other purpose the date on which a person
is or will be eligible for release on parole or conditional release.
  S 6. This act shall take effect immediately,  provided  however,  that
the  amendments  to  subdivision  2 of section 851 of the correction law

A. 4875                             5

made by section one of this act shall be subject to the  expiration  and
reversion of such subdivision and section pursuant to subdivision (c) of
section  46  of chapter 60 of the laws of 1994 and section 10 of chapter
339  of the laws of 1972, as amended, when upon such date the provisions
of section two of this act shall take effect; provided further, that the
amendments to subdivision 2 of section 851 of the correction law made by
section two of this act shall expire on the same date as subdivision (c)
of section 46 of chapter 60 of the laws of 1994, section 10  of  chapter
339  of  the  laws  of 1972, and section 5 of chapter 554 of the laws of
1986, as amended, expire, when upon such date the provisions of  section
three  of  this  act shall take effect; provided further that the amend-
ments to subdivisions 2-a and 2-b of section 851 of the correction  law,
made  by sections four and five of this act shall not affect the expira-
tion of such section and shall expire therewith.

co-Sponsors

2013-A4875A (ACTIVE) - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8961
2015-2016: A2495
2017-2018: A4042
2019-2020: A4288

2013-A4875A (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

2013-A4875A (ACTIVE) - Bill Text download pdf

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

                                 4875--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2013
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY, STEVENSON, ROBERTS, KAVANAGH --
  read  once  and  referred  to the Committee on Correction -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04044-02-3

A. 4875--A                          2

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
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  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.
  [The governor, by executive order, may exclude or  limit  the  partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly issued limiting the participation of otherwise  eligible  inmates  in
such  program or the authority of the commissioner to impose appropriate
regulations limiting such participation.]
  S 2. Subdivision 2 of section 851 of the correction law, as amended by
chapter 447 of the laws of 1991, the opening  paragraph  as  amended  by
chapter 252 of the laws of 2005, and the closing paragraph as amended by
section  43 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 years. [Provided, 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-

A. 4875--A                          3

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.
[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 appearance 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 determine if continued placement in the program is appro-
priate. No person convicted of any escape or absconding offense  defined
in  article  two  hundred  five  of  the penal law shall be eligible for
temporary release.  [Nor shall any person under  sentence  for  any  sex
offense defined in article one hundred thirty of the penal law be eligi-
ble  to participate in a community services program as defined in subdi-
vision 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, (b) a sex offense involving forcible compul-
sion, or (c) any other offense involving the use or threatened use of  a
deadly weapon may participate in a temporary release program without the
written  approval  of the commissioner.] AN INMATE SHALL NOT BE ELIGIBLE
FOR WORK RELEASE IF HE OR SHE IS  SUBJECT  TO  A  SENTENCE  IMPOSED  FOR
AGGRAVATED  MURDER AS DEFINED IN SECTION 125.26 OF THE PENAL LAW, MURDER
IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL LAW,  RAPE
IN  THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, RAPE
IN THE SECOND DEGREE AS DEFINED IN SECTION 130.30 OF THE PENAL LAW, RAPE
IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THE PENAL LAW, CRIM-
INAL SEXUAL ACT IN THE SECOND DEGREE AS DEFINED IN SECTION 130.45 OF THE
PENAL LAW, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED IN SECTION
130.50 OF THE PENAL LAW, PERSISTENT SEXUAL ABUSE AS DEFINED  IN  SECTION
130.53  OF THE PENAL LAW, SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN
SECTION 130.65 OF THE PENAL LAW, AGGRAVATED SEXUAL ABUSE  IN  THE  THIRD
DEGREE  AS DEFINED IN SECTION 130.66 OF THE PENAL LAW, AGGRAVATED SEXUAL
ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION  130.67  OF  THE  PENAL
LAW,  AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION
130.70 OF THE PENAL LAW, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THE PENAL  LAW,  COURSE  OF
SEXUAL  CONDUCT  AGAINST  A  CHILD  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 130.80 OF THE PENAL LAW, PREDATORY SEXUAL ASSAULT AS DEFINED  IN
SECTION  130.95  OF  THE  PENAL  LAW, PREDATORY SEXUAL ASSAULT AGAINST A
CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, PROMOTING PROSTITU-
TION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.30 OF THE PENAL LAW,
PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION  230.32
OF  THE  PENAL LAW, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33
OF THE PENAL LAW, SEX TRAFFICKING AS DEFINED IN SECTION  230.34  OF  THE
PENAL  LAW,  INCEST  IN THE FIRST OR SECOND DEGREE AS DEFINED IN ARTICLE
TWO HUNDRED FIFTY-FIVE OF THE PENAL LAW, AN OFFENSE OF TERRORISM DEFINED
IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW,  OR  AN  ATTEMPT  OR  A
CONSPIRACY TO COMMIT ANY SUCH OFFENSE. The commissioner shall promulgate
regulations  giving direction to the temporary release committee at each
institution in order  to  aid  such  committees  in  carrying  out  this
mandate.
  [The  governor,  by  executive order, may exclude or limit the partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be

A. 4875--A                          4

construed to affect either the validity of any executive order previous-
ly  issued  limiting  the participation of otherwise eligible inmates in
such program or the authority of the commissioner to impose  appropriate
regulations limiting such participation.]
  S 3. Subdivision 2-a of section 851 of the correction law, as added by
chapter 251 of the laws of 2002, is amended to read as follows:
  2-a. Notwithstanding subdivision two of this section, the term "eligi-
ble  inmate"  shall also include 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] FOUR years, and
who was convicted of a  homicide  offense  as  defined  in  article  one
hundred  twenty-five  of  the penal law or an assault offense defined in
article one hundred twenty of the penal law, and who can demonstrate  to
the  commissioner that: (a) the victim of such homicide or assault was a
member of the inmate's immediate family  as  that  term  is  defined  in
section  120.40  of  the  penal  law  or  had a child in common with the
inmate; (b) the inmate was subjected to substantial physical, sexual  or
psychological abuse committed by the victim of such homicide or assault;
and  (c)  such  abuse  was a substantial factor in causing the inmate to
commit such homicide or assault. With respect to an inmate's claim  that
he or she was subjected to substantial physical, sexual or psychological
abuse committed by the victim, such demonstration shall include corrobo-
rative  material that may include, but is not limited to, witness state-
ments,  social  services  records,  hospital  records,  law  enforcement
records and a showing based in part on documentation prepared at or near
the  time  of  the  commission of the offense or the prosecution thereof
tending to support the inmate's claim. Prior to making  a  determination
under this subdivision, the commissioner is required to request and take
into  consideration  the opinion of the district attorney who prosecuted
the underlying homicide or  assault  offense  and  the  opinion  of  the
sentencing  court.  If such opinions are received within forty-five days
of the request, the commissioner shall take them into consideration.  If
such opinions are not so received, the commissioner may proceed with the
determination.  Any action by the commissioner pursuant to this subdivi-
sion shall be deemed a judicial function and shall not be reviewable  in
any court.
  S 4. Subdivision 2-b of section 851 of the correction law, as added by
chapter 738 of the laws of 2004, is amended to read as follows:
  2-b. When calculating in advance the date on which a person is or will
be  eligible  for release on parole or conditional release, for purposes
of determining eligibility for temporary release or for placement at  an
alcohol  and  substance  abuse treatment correctional annex, the commis-
sioner shall consider and include credit for all potential  credits  and
reductions  including  but  not  limited to merit time, ADDITIONAL MERIT
TIME and good behavior allowances. Nothing in this subdivision shall  be
interpreted  as precluding the consideration and inclusion of credit for
all potential credits and reductions  including,  but  not  limited  to,
merit  time,  ADDITIONAL  MERIT  TIME  and good behavior allowances when
calculating in advance for any other purpose the date on which a  person
is or will be eligible for release on parole or conditional release.
  S  5.  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 be subject to the expiration and
reversion of such subdivision and section pursuant to subdivision (c) of
section 46 of chapter 60 of the laws of 1994 and section 10  of  chapter
339  of the laws of 1972, as amended, when upon such date the provisions

A. 4875--A                          5

of section two of this act shall take effect; provided further, that the
amendments to subdivision 2 of section 851 of the correction law made by
section two of this act shall expire on the same date as subdivision (c)
of  section  46 of chapter 60 of the laws of 1994, section 10 of chapter
339 of the laws of 1972, and section 5 of chapter 554  of  the  laws  of
1986, as amended, expire; provided further that the amendments to subdi-
visions  2-a  and  2-b  of  section  851  of the correction law, made by
sections three and four of this act shall not affect the  expiration  of
such section and shall expire therewith.

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Assembly Bill A4875A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2013-A4875 - Details

2013-A4875 - Summary

2013-A4875 - Bill Text download pdf

co-Sponsors

2013-A4875A (ACTIVE) - Details

2013-A4875A (ACTIVE) - Summary

2013-A4875A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A4875A

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Sponsored By

O'DONNELL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Jeffrion Aubry

Eric Stevenson

Sam Roberts

Brian Kavanagh

2013-A4875 - Details

2013-A4875 - Summary

2013-A4875 - Bill Text download pdf

co-Sponsors

Jeffrion Aubry

Sam Roberts

Brian Kavanagh

2013-A4875A (ACTIVE) - Details

2013-A4875A (ACTIVE) - Summary

2013-A4875A (ACTIVE) - Bill Text download pdf

Comments