senate Bill S2720

2015-2016 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 - Passed Senate


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2016 referred to correction
delivered to assembly
passed senate
Mar 28, 2016 advanced to third reading
Mar 23, 2016 2nd report cal.
Mar 22, 2016 1st report cal.427
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Jun 02, 2015 referred to correction
delivered to assembly
passed senate
May 27, 2015 ordered to third reading cal.980
committee discharged and committed to rules
Jan 28, 2015 referred to codes

Votes

view votes

Mar 22, 2016 - Codes committee Vote

S2720
11
4
committee
11
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 22, 2016

aye wr (1)

May 27, 2015 - Rules committee Vote

S2720
21
2
committee
21
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S2720 (ACTIVE) - Details

See Assembly Version of this Bill:
A2411
Law Section:
Penal Law
Laws Affected:
Amd §70.40, Pen L; amd §803, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6020, A8915
2013-2014: S3871, A2618
2017-2018: S2730, A2392
2019-2020: S4734

S2720 (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.

S2720 (ACTIVE) - Sponsor Memo

S2720 (ACTIVE) - Bill Text download pdf

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

                                  2720

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sens.  GRIFFO,  DeFRANCISCO,  FUNKE,  LARKIN,  NOZZOLIO,
  RITCHIE, SAVINO, SERINO, 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.
                                                           LBD03471-01-5

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