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

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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2018 reported referred to codes
Mar 14, 2018 print number 6354a
Mar 14, 2018 amend (t) and recommit to correction
Jan 03, 2018 referred to correction
Mar 03, 2017 referred to correction

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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

A6354 - Summary

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

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

view additional co-sponsors

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

A6354A (ACTIVE) - Summary

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

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.