NY State Senate Bill S8581

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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	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

 
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

prisoners over the age of 50 has increased by 81 percent since 2000. On
January 1, 2007, there were 63,304 inmates in the prison system, with an
average age of 36.5. On that date there were 1,572 inmates in the system
over 60 years of age. Ten years later, on January 1, 2016, there were
52,344 inmates in state correctional facilities, 2,389 of whom were over
the age of 60, and the average age had risen to 38.2. The number of
inmates over 60 rose from 2.5 percent of the prison population in 2007
to 4.6 percent in 2016.  Longer minimum sentences since the 1980's and
lower parole release rates since the 1990's ensure that our prison popu-
lation will continue to age over the coming years, forcing the prison
system to open more geriatric nursing care units and expand the existing
resources for inmates suffering from dementia, diabetes, heart disease
and other physical and cognitive disabilities relating to old age.

Crimes are largely committed by young people. Older inmates who have
served long sentences present the lowest risk of recidivism of any other
class of inmates.

This bill permits the Board of Parole to evaluate all inmates over the
age of 55 who have served at least 15 years in prison for possible
parole release. It does not mandate release, but allows the Board to
make a public safety assessment to see whether an elderly inmate is safe
to be released to parole supervision even if he or she has not completed
his or her minimum sentence and to have the discretion to grant such
release.

 
FISCAL IMPLICATIONS:

This bill will save the state money if it results in an increase in the
release rate of older prisoners who might otherwise need expensive
medical care and specialized housing within the prison system.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
One hundred and eighty days after the act becomes law.

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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The New York State Senate

senate Bill S8581

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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Co-Sponsors

S8581 (ACTIVE) - Details

S8581 (ACTIVE) - Summary

S8581 (ACTIVE) - Sponsor Memo

S8581 (ACTIVE) - Bill Text download pdf

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senate Bill S8581

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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Co-Sponsors

Jose Peralta

Luis R. Sepúlveda

José M. Serrano

S8581 (ACTIVE) - Details

S8581 (ACTIVE) - Summary

S8581 (ACTIVE) - Sponsor Memo

S8581 (ACTIVE) - Bill Text download pdf

Comments