assembly Bill A4875A

2013-2014 Legislative Session

Relates to expanding prison work release program eligibility and participation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (5)
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

Co-Sponsors

A4875 (ACTIVE) - Details

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

A4875 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

A4875 (ACTIVE) - 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

Co-Sponsors

A4875A (ACTIVE) - Details

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

A4875A (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

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

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