Assembly Actions -
Senate Actions - UPPERCASE
|May 10, 2018||
referred to crime victims, crime and correction
Senate Bill S8581
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8581 (ACTIVE) - Details
2017-S8581 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8581 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the executive law, in relation to parole eligibility for certain inmates aged fifty-five or older PURPOSE: To create a process to evaluate older prisoners to determine whether they pose a significant public safety risk. SUMMARY OF PROVISIONS: Section 1 adds a new subdivision 18 to section 259-c of the executive law. Section 2 provides an effective date. JUSTIFICATION: The number of older inmates in our prison system is rising every year even as the total inmate population is falling. The population of state
2017-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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