senate Bill S3871

2013-2014 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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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to correction
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.470
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 23, 2013 referred to correction
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.636
Feb 26, 2013 referred to codes

Votes

view votes

Apr 29, 2014 - Codes committee Vote

S3871
12
4
committee
12
Aye
4
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 20, 2013 - Codes committee Vote

S3871
11
1
committee
11
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 20, 2013

nay (1)
aye wr (3)

Co-Sponsors

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S3871 - Details

See Assembly Version of this Bill:
A2618
Law Section:
Penal Law
Laws Affected:
Amd §70.40, Pen L; amd §803, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S6020A, A8915A

S3871 - 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.

S3871 - Sponsor Memo

S3871 - Bill Text download pdf

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

                                  3871

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by Sens. GRIFFO, DeFRANCISCO, LARKIN, SAVINO, SEWARD -- 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 CLEAR AND CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERV-
ING  ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT FELONY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06502-01-3

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