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Senate Bill S6490

2019-2020 Legislative Session

Relates to earned reduction of supervision

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S6490 (ACTIVE) - Details

See Assembly Version of this Bill:
A8313
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §70.46, Pen L

2019-S6490 (ACTIVE) - Summary

Relates to earned reduction of supervision.

2019-S6490 (ACTIVE) - Sponsor Memo

2019-S6490 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6490
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 13, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to earned reduction of super-
   vision
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The penal law is amended by adding a new section 70.46 to
 read as follows:
 § 70.46 EARNED REDUCTION OF SUPERVISION.
   1. AFTER A PERIOD OF PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE,
 OR POST-RELEASE SUPERVISION HAS COMMENCED PURSUANT TO SECTION  70.40  OR
 70.45  OF THIS ARTICLE, SUCH PERIOD SHALL BE REDUCED BY THIRTY DAYS UPON
 THE COMPLETION OF EACH UNINTERRUPTED  ONE-MONTH  PERIOD  OF  PRESUMPTIVE
 RELEASE, PAROLE, CONDITIONAL RELEASE, OR POST-RELEASE SUPERVISION SERVED
 THEREAFTER,  PROVIDED  THE  PERSON IS NOT SUBJECT TO ANY SENTENCE WITH A
 MAXIMUM TERM OF LIFE  IMPRISONMENT,  OR  ANY  SENTENCE  IMPOSED  FOR  AN
 OFFENSE  DEFINED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED SIXTY-THREE,
 FOUR HUNDRED EIGHTY-FIVE OR FOUR HUNDRED NINETY OF THIS CHAPTER,  OR  AN
 ATTEMPT OR A CONSPIRACY TO COMMIT ANY SUCH OFFENSE.
   2. NO REDUCTION SHALL BE GRANTED PURSUANT TO THIS SUBDIVISION FOR:
   (A) THE SERVICE OF LESS THAN AN UNINTERRUPTED ONE-MONTH PERIOD; OR
   (B)  THE ONE-MONTH IMMEDIATELY PRECEDING THE COMPLETION OF A PERIOD OF
 COMMUNITY SUPERVISION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   3. THE ONE-MONTH PERIOD SHALL NOT COMMENCE OR CONTINUE  TO  RUN  WHILE
 THE PERSON HAS BEEN DECLARED DELINQUENT OR WHILE THE PERSON IS IN CUSTO-
 DY  RELATED  TO A SEPARATE CONVICTION OR ADJUDICATION. IN SUCH CASE, THE
 NEXT ONE-MONTH PERIOD SHALL COMMENCE UPON THE PERSON'S NEXT RELEASE FROM
 CUSTODY.
   4. A SUSTAINED FINDING OF A VIOLATION OF A  CONDITION  OF  SUPERVISION
 SHALL INTERRUPT THE RUNNING OF THE ONE-MONTH PERIOD RETROACTIVELY TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13330-01-9

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