S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2392
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M. of A. BRINDISI, CROUCH -- Multi-Sponsored by -- M. of
   A. LAWRENCE -- read once and referred to the Committee on Correction
 
 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
 OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02065-01-7

 A. 2392                             2
 
 WOULD  POSE  AN  IMMINENT  THREAT  TO  SOCIETY, SUCH PERSON SHALL NOT BE
 CONDITIONALLY RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR
 HER TERM, MAXIMUM TERM OR AGGREGATE MAXIMUM  TERM,  WHICHEVER  SHALL  BE
 GREATEST.  The conditions of release, including those governing post-re-
 lease supervision, shall be such as may be imposed by the state board of
 parole in accordance with the provisions of the executive law.
   Every  person  so released shall be under the supervision of the state
 department of corrections and community supervision for a  period  equal
 to  the  unserved  portion  of the term, maximum term, aggregate maximum
 term, or period of post-release supervision.
   § 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law,
 as amended by section 127-e of subpart B of part C of chapter 62 of  the
 laws of 2011, is amended to read as follows:
   (b)  A  person  who  is  serving  one  or  more than one indeterminate
 sentence of imprisonment shall, if he or  she  so  requests,  be  condi-
 tionally  released  from  the institution in which he or she is confined
 when the total good behavior time allowed to him or her, pursuant to the
 provisions of the correction law, is equal to the  unserved  portion  of
 his or her maximum or aggregate maximum term; PROVIDED, HOWEVER, THAT IN
 THE  EVENT THAT THE STATE BOARD OF PAROLE FINDS, IN WRITING AND BY CLEAR
 AND CONVINCING EVIDENCE, THAT  THE  RELEASE  OF  A  PERSON  SERVING  ANY
 SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT FELONY OFFENSE,
 AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE, WOULD
 POSE AN IMMINENT THREAT TO SOCIETY, SUCH  PERSON  SHALL  NOT  BE  CONDI-
 TIONALLY  RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR HER
 MAXIMUM TERM OR AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE GREATER.  The
 conditions  of  release,  including  those governing post-release super-
 vision, shall be such as may be imposed by the state board of parole  in
 accordance with the provisions of the executive law.
   Every person so released shall be under the supervision of the depart-
 ment  of corrections and community supervision for a period equal to the
 unserved portion of the maximum, aggregate maximum term,  or  period  of
 post-release supervision.
   §  3.  Paragraph (a) of subdivision 1 of section 803 of the correction
 law, as amended by section 37 of subpart B of part C of  chapter  62  of
 the laws of 2011, is amended to read as follows:
   (a)  Every  person  confined  in an institution of the department or a
 facility in the department of mental hygiene serving an indeterminate or
 determinate sentence of imprisonment, except a person serving a sentence
 with a maximum term of life imprisonment,  may  receive  time  allowance
 against  the  term or maximum term of his or her sentence imposed by the
 court. Such allowances may be granted for good  behavior  and  efficient
 and  willing  performance of duties assigned or progress and achievement
 in an assigned treatment program, and  may  be  withheld,  forfeited  or
 canceled  in  whole  or  in part for bad behavior, violation of institu-
 tional rules or failure to perform properly in  the  duties  or  program
 assigned.  PROVIDED, HOWEVER, THAT ANY TIME ALLOWANCE EARNED PURSUANT TO
 THIS  SECTION BY A PERSON SERVING A SENTENCE FOR CONVICTION OF A VIOLENT
 FELONY OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE  PENAL
 LAW  SHALL  BE  WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN
 WRITING AND BY CLEAR AND CONVINCING EVIDENCE,  THAT  SUCH  PERSON  WOULD
 POSE AN IMMINENT THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
   §  4.  Paragraph (a) of subdivision 1 of section 803 of the correction
 law, as amended by chapter 126 of the laws of 1987 and as designated  by
 chapter 738 of the laws of 2004, is amended to read as follows:

 A. 2392                             3
 
   (a)  Every  person  confined  in an institution of the department or a
 facility in the department of mental hygiene  serving  an  indeterminate
 sentence  of  imprisonment,  except  a  person serving a sentence with a
 maximum term of life imprisonment, may receive  time  allowance  against
 the  maximum  term or period of his sentence not to exceed in the aggre-
 gate one-third of the term or period imposed by the court.  Such  allow-
 ances  may  be  granted  for  good  behavior  and  efficient and willing
 performance of  duties  assigned  or  progress  and  achievement  in  an
 assigned  treatment  program, and may be withheld, forfeited or canceled
 in whole or in part for bad behavior, violation of  institutional  rules
 or  failure  to  perform  properly  in  the  duties or program assigned.
 PROVIDED, HOWEVER, THAT ANY  TIME  ALLOWANCE  EARNED  PURSUANT  TO  THIS
 SECTION BY A PERSON SERVING A SENTENCE FOR CONVICTION OF A VIOLENT FELO-
 NY  OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW
 SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN  WRIT-
 ING AND BY CLEAR AND CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN
 IMMINENT THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
   §  5. This act shall take effect immediately; provided that the amend-
 ments to paragraph (b) of subdivision 1 of section 70.40  of  the  penal
 law  made  by section one of this act shall be subject to the expiration
 and reversion of such paragraph pursuant to subdivision d of section  74
 of  chapter  3  of the laws of 1995, as amended, when upon such date the
 provisions of section two of this act shall take effect;  and  provided,
 further  that  the amendments to section 803 of the correction law, made
 by section three of this act, shall be subject  to  the  expiration  and
 reversion  of  such  section  pursuant to subdivision d of section 74 of
 chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
 provisions of section four of this act shall take effect.