Senate Bill S8202

2017-2018 Legislative Session

Relates to clarifying release on parole for inmates subject to deportation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S8202 (ACTIVE) - Details

See Assembly Version of this Bill:
A10158
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L

2017-S8202 (ACTIVE) - Summary

Clarifies that the parole board may condition release on parole for certain inmates subject to deportation.

2017-S8202 (ACTIVE) - Sponsor Memo

2017-S8202 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8202
 
                             I N  S E N A T E
 
                              April 17, 2018
                                ___________
 
 Introduced  by  Sen.  GALLIVAN -- (at request of the Board of Parole) --
   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 clarifying eligibility
   for release conditioned upon deportation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (d)  of  subdivision  2  of
 section  259-i  of  the  executive  law, as amended by section 38-f-1 of
 subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   (i)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
 this subdivision, [after the inmate has served  his  minimum  period  of
 imprisonment  imposed  by  the  court, or at any time after the inmate's
 period of imprisonment has commenced for an inmate serving a determinate
 or indeterminate term of imprisonment, provided that the] IF  AN  inmate
 [has  had  a  final order of deportation issued against him and provided
 further that the inmate is not convicted of either an A-I felony offense
 other than an A-I felony offense as defined in article two hundred twen-
 ty of the penal law or a violent felony offense as  defined  in  section
 70.02  of the penal law, if the inmate] is subject to deportation by the
 United States Bureau of Immigration and Customs Enforcement,  [in  addi-
 tion to the criteria set forth in paragraph (c) of this subdivision, the
 board  may  consider,  as  a factor warranting earlier release, the fact
 that such inmate will be deported, and] THE BOARD may grant [parole from
 an indeterminate sentence or] release [for deportation] from a  determi-
 nate  OR  INDETERMINATE sentence to such inmate conditioned specifically
 on his OR HER prompt deportation. The board may  make  such  conditional
 grant  of  [early  parole from an indeterminate sentence or] release for
 deportation [from a determinate sentence] only  where  it  has  received
 from  the  United  States  Bureau of Immigration and Customs Enforcement
 assurance [(A)] that an order of deportation will be executed  [or  that
 proceedings will] promptly [be commenced for the purpose of deportation]
 upon  release  of  the  inmate  from  the  custody of the department [of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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