assembly Bill A4319A

2019-2020 Legislative Session

Relates to parole eligibility for certain inmates age fifty-five

download bill text pdf

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Current 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2019 print number 4319a
May 22, 2019 amend and recommit to codes
Feb 28, 2019 reported referred to codes
Feb 04, 2019 referred to correction

Co-Sponsors

view additional co-sponsors

A4319 - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A6354

A4319 - Summary

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

A4319 - Bill Text download pdf


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

                                  4319

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by  M.  of  A. WEPRIN, TAYLOR, GOTTFRIED, EPSTEIN, LENTOL --
  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 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.
                                                           LBD08550-01-9

Co-Sponsors

view additional co-sponsors

A4319A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A6354

A4319A (ACTIVE) - Summary

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

A4319A (ACTIVE) - Bill Text download pdf


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

                                 4319--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  TAYLOR, GOTTFRIED, EPSTEIN, LENTOL,
  LAVINE, D. ROSENTHAL, SEAWRIGHT, DE LA ROSA,  SIMON,  ROZIC,  LUPARDO,
  HEVESI,  JOYNER,  CARROLL,  MOSLEY,  FAHY,  KIM,  COOK,  AUBRY, PERRY,
  O'DONNELL, BARRON,  WRIGHT,  L. ROSENTHAL,  REYES  --  read  once  and
  referred  to  the  Committee on Correction -- reported and referred to
  the Committee on Codes -- 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 PROVISION OF LAW, WHEN A PERSON SERVING
A DETERMINATE OR INDETERMINATE SENTENCE OF INCARCERATION HAS  SERVED  AT
LEAST  FIFTEEN  YEARS OF INCARCERATION UNDER SUCH SENTENCE AND IS FIFTY-
FIVE YEARS OF AGE OR OLDER, THE BOARD SHALL CONDUCT A  HEARING  PURSUANT
TO  THIS SECTION AND SECTION TWO HUNDRED FIFTY NINE-I OF THIS ARTICLE TO
DETERMINE WHETHER SUCH PERSON SHALL  BE  RELEASED  TO  COMMUNITY  SUPER-
VISION,  PROVIDED,  HOWEVER,  THAT  A  PERSON  SHALL NOT BE ELIGIBLE FOR
RELEASE PURSUANT TO THIS SUBDIVISION IF HE OR SHE IS SERVING A  SENTENCE
IMPOSED UNDER THE PENAL LAW (A) OF LIFE IMPRISONMENT WITHOUT PAROLE; (B)
UPON  CONVICTION  FOR  AN OFFENSE DEFINED IN SECTION 125.26 OF THE PENAL
LAW; OR (C) UPON A CONVICTION FOR AN OFFENSE DEFINED IN  SECTION  125.25
OR  125.27  OF  THE  PENAL  LAW,  WHERE THE VICTIM OF SUCH OFFENSE WAS A
PERSON DESCRIBED IN SUBPARAGRAPHS (I), (II), (II-A), OR (III)  OF  PARA-
GRAPH  (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW. 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 WITHOUT
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

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

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