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Assembly Bill A6354A

2017-2018 Legislative Session

Relates to parole eligibility for certain inmates age fifty-five

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2017-A6354 - Details

See Senate Version of this Bill:
S8581
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4319, A9040, S2144
2021-2022: A3475, A8855, S15
2023-2024: A2035, S2423
2025-2026: A514, S454

2017-A6354 - Summary

Relates to parole eligibility for certain inmates age fifty-five.

2017-A6354 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6354
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the executive law, in relation to parole eligibility for
   certain inmates aged sixty-five or older
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 259-c of the executive law is amended by  adding  a
 new subdivision 18 to read as follows:
   18. NOTWITHSTANDING ANY OTHER SECTION OF THE LAW, WHERE A PERSON SERV-
 ING  A  SENTENCE  OF INCARCERATION HAS SERVED AT LEAST TWENTY YEARS OF A
 DETERMINATE OR INDETERMINATE SENTENCE AND HAS REACHED THE AGE OF  SIXTY-
 FIVE  OR  GREATER,  THE  BOARD  SHALL CONDUCT A HEARING PURSUANT TO THIS
 SECTION AND SECTION TWO HUNDRED FIFTY NINE-I OF THIS ARTICLE  TO  DETER-
 MINE WHETHER SUCH PERSON SHOULD BE RELEASED TO COMMUNITY SUPERVISION. IF
 THE  BOARD  DETERMINES  THAT  THERE IS A REASONABLE PROBABILITY THAT, IF
 SUCH PERSON IS RELEASED, HE OR SHE WILL LIVE AND REMAIN AT LIBERTY WITH-
 OUT VIOLATING THE LAW AND THAT HIS OR HER RELEASE  IS  NOT  INCOMPATIBLE
 WITH  THE WELFARE OF SOCIETY, THEN THE BOARD SHALL RELEASE THE PERSON TO
 COMMUNITY SUPERVISION EVEN IF THE PERSON  HAS  NOT  SERVED  THE  MINIMUM
 SENTENCE  IMPOSED  BY  THE JUDGE. IF RELEASE TO COMMUNITY SUPERVISION IS
 NOT GRANTED, THE INMATE SHALL BE INFORMED IN WRITING WITHIN TWO WEEKS OF
 SUCH APPEARANCE OF THE FACTORS  AND  REASONS  FOR  THE  DENIAL  OF  SUCH
 RELEASE  AND  THE  BOARD  SHALL SPECIFY A DATE NOT MORE THAN TWENTY-FOUR
 MONTHS FROM SUCH DETERMINATION FOR RECONSIDERATION, AND  THE  PROCEDURES
 TO  BE  FOLLOWED  UPON  RECONSIDERATION SHALL BE THE SAME. IF RELEASE TO
 COMMUNITY SUPERVISION IS GRANTED, THE BOARD SHALL SET RELEASE CONDITIONS
 AND THE PROVISIONS OF THIS SECTION SHALL OTHERWISE APPLY AS  THOUGH  THE
 INMATE WAS RELEASED AFTER THE COMPLETION OF HIS OR HER MINIMUM SENTENCE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10369-01-7

co-Sponsors

2017-A6354A (ACTIVE) - Details

See Senate Version of this Bill:
S8581
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4319, A9040, S2144
2021-2022: A3475, A8855, S15
2023-2024: A2035, S2423
2025-2026: A514, S454

2017-A6354A (ACTIVE) - Summary

Relates to parole eligibility for certain inmates age fifty-five.

2017-A6354A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6354--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2017
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, SEPULVEDA -- read once and referred to
   the Committee  on  Correction  --  recommitted  to  the  Committee  on
   Correction  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the executive law, in relation to parole eligibility for
   certain inmates aged fifty-five or older
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 259-c of the executive law is amended by adding a
 new subdivision 18 to read as follows:
   18. NOTWITHSTANDING ANY OTHER SECTION OF THE LAW, WHERE A PERSON SERV-
 ING A SENTENCE OF INCARCERATION HAS SERVED AT LEAST FIFTEEN YEARS  OF  A
 DETERMINATE  OR INDETERMINATE SENTENCE AND HAS REACHED THE AGE OF FIFTY-
 FIVE OR GREATER, THE BOARD SHALL CONDUCT  A  HEARING  PURSUANT  TO  THIS
 SECTION  AND  SECTION TWO HUNDRED FIFTY NINE-I OF THIS ARTICLE TO DETER-
 MINE WHETHER SUCH PERSON SHOULD BE RELEASED TO COMMUNITY SUPERVISION. IF
 THE BOARD DETERMINES THAT THERE IS A  REASONABLE  PROBABILITY  THAT,  IF
 SUCH PERSON IS RELEASED, HE OR SHE WILL LIVE AND REMAIN AT LIBERTY WITH-
 OUT  VIOLATING  THE  LAW AND THAT HIS OR HER RELEASE IS NOT INCOMPATIBLE
 WITH THE WELFARE OF SOCIETY, THEN THE BOARD SHALL RELEASE THE PERSON  TO
 COMMUNITY  SUPERVISION  EVEN  IF  THE  PERSON HAS NOT SERVED THE MINIMUM
 SENTENCE IMPOSED BY THE JUDGE. IF RELEASE TO  COMMUNITY  SUPERVISION  IS
 NOT GRANTED, THE INMATE SHALL BE INFORMED IN WRITING WITHIN TWO WEEKS OF
 SUCH  APPEARANCE  OF  THE  FACTORS  AND  REASONS  FOR THE DENIAL OF SUCH
 RELEASE AND THE BOARD SHALL SPECIFY A DATE  NOT  MORE  THAN  TWENTY-FOUR
 MONTHS  FROM  SUCH DETERMINATION FOR RECONSIDERATION, AND THE PROCEDURES
 TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE  SAME.  IF  RELEASE  TO
 COMMUNITY SUPERVISION IS GRANTED, THE BOARD SHALL SET RELEASE CONDITIONS
 AND  THE  PROVISIONS OF THIS SECTION SHALL OTHERWISE APPLY AS THOUGH THE
 INMATE WAS RELEASED AFTER THE COMPLETION OF HIS OR HER MINIMUM SENTENCE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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