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.