senate Bill S8581

2017-2018 Legislative Session

Relates to parole eligibility for certain inmates age fifty-five

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2018 referred to crime victims, crime and correction

Co-Sponsors

S8581 (ACTIVE) - Details

See Assembly Version of this Bill:
A6354
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2144, A4319, A9040
2021-2022: S15, A3475, A8855
2023-2024: S2423, A2035

S8581 (ACTIVE) - Summary

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

S8581 (ACTIVE) - Sponsor Memo

S8581 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8581

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10369-06-8

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