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Assembly Bill A4319B

2019-2020 Legislative Session

Relates to parole eligibility for certain inmates age fifty-five

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A4319 - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6354
2021-2022: A3475, A8855
2023-2024: A2035
2025-2026: A514

2019-A4319 - Summary

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

2019-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

2019-A4319A - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6354
2021-2022: A3475, A8855
2023-2024: A2035
2025-2026: A514

2019-A4319A - Summary

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

2019-A4319A - 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.

co-Sponsors

2019-A4319B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6354
2021-2022: A3475, A8855
2023-2024: A2035
2025-2026: A514

2019-A4319B (ACTIVE) - Summary

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

2019-A4319B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4319--B
 
                        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, WALKER, QUART, SIMOTAS
   -- 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  commit-
   tee  --  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;  (C)  UPON  CONVICTION  FOR  AN OFFENSE DEFINED IN SECTIONS 490.25,
 490.47 OR 490.45 OF THE PENAL LAW; (D) UPON CONVICTION  OF  ONE  OF  THE
 FOLLOWING SPECIFIED HATE CRIMES PURSUANT TO SUBDIVISION THREE OF SECTION
 485.05  OF  THE  PENAL  LAW: (I) SUBDIVISION ONE, TWO OR FOUR OF SECTION
 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); (II) SECTION  125.25  (MURDER
 IN   THE  SECOND  DEGREE);  (III)  SUBDIVISION  ONE  OF  SECTION  125.15
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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