S T A T E O F N E W Y O R K
________________________________________________________________________
10158
I N A S S E M B L Y
March 21, 2018
___________
Introduced by M. of A. WEPRIN -- (at request of the Board of Parole) --
read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to clarifying eligibility
for release conditioned upon deportation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (d) of subdivision 2 of
section 259-i of the executive law, as amended by section 38-f-1 of
subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
(i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
this subdivision, [after the inmate has served his minimum period of
imprisonment imposed by the court, or at any time after the inmate's
period of imprisonment has commenced for an inmate serving a determinate
or indeterminate term of imprisonment, provided that the] IF AN inmate
[has had a final order of deportation issued against him and provided
further that the inmate is not convicted of either an A-I felony offense
other than an A-I felony offense as defined in article two hundred twen-
ty of the penal law or a violent felony offense as defined in section
70.02 of the penal law, if the inmate] is subject to deportation by the
United States Bureau of Immigration and Customs Enforcement, [in addi-
tion to the criteria set forth in paragraph (c) of this subdivision, the
board may consider, as a factor warranting earlier release, the fact
that such inmate will be deported, and] THE BOARD may grant [parole from
an indeterminate sentence or] release [for deportation] from a determi-
nate OR INDETERMINATE sentence to such inmate conditioned specifically
on his OR HER prompt deportation. The board may make such conditional
grant of [early parole from an indeterminate sentence or] release for
deportation [from a determinate sentence] only where it has received
from the United States Bureau of Immigration and Customs Enforcement
assurance [(A)] that an order of deportation will be executed [or that
proceedings will] promptly [be commenced for the purpose of deportation]
upon release of the inmate from the custody of the department [of
correctional services], and [(B)] that the inmate, if [granted parole or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14325-01-8
A. 10158 2
release for deportation pursuant to this paragraph,] NOT DEPORTED will
not be released from the custody of the United States Bureau of Immi-
gration and Customs Enforcement[, unless such release be as a result of
deportation] without providing the board a reasonable opportunity to
arrange for execution of its warrant for the retaking of such person.
AFTER CONSIDERING THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
VISION, THE BOARD MAY GRANT SUCH CONDITIONAL RELEASE FOR DEPORTATION AS
FOLLOWS:
(A) FOR AN INMATE WHO HAS SERVED THE MINIMUM PERIOD OF IMPRISONMENT
IMPOSED BY THE COURTS AND IS THEREFORE ELIGIBLE FOR RELEASE ON PAROLE
PURSUANT TO SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL LAW, THE BOARD
MAY GRANT RELEASE CONDITIONED UPON DEPORTATION REGARDLESS OF THE CRIME
OF CONVICTION.
(B) FOR AN INMATE WHO HAS NOT YET SERVED THE MINIMUM PERIOD OF IMPRI-
SONMENT FOR AN INDETERMINATE SENTENCE OR WHO IS SERVING A DETERMINATE
SENTENCE AND IS THEREFORE NOT ELIGIBLE FOR RELEASE ON PAROLE PURSUANT TO
SUBDIVISION ONE OF SUBDIVISION 70.40 OF THE PENAL LAW, THE BOARD MAY
GRANT EARLY RELEASE CONDITIONED UPON DEPORTATION IF THE INMATE IS NOT
CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE
PENAL LAW OR AN A-I FELONY OFFENSE, OTHER THAN AN A-I FELONY OFFENSE AS
DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
§ 2. This act shall take effect immediately.