NY State Senate Bill 2019-S806

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 09, 2019	referred to crime victims, crime and correction

co-Sponsors

2019-S806 (ACTIVE) - Details

See Assembly Version of this Bill:: A4288
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5920, A8961
2013-2014: S1415, A4875
2015-2016: S1014, A2495
2017-2018: S4445, A4042
2021-2022: S4835
2023-2024: S2920

2019-S806 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

2019-S806 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S806

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the correction law, in relation to expanding prison work
release program eligibility and participation

 
PURPOSE:

To expand the scope of eligibility in prison work release programs in an
effort to increase participation and better prepare inmates for success-
ful reentry.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 851 of the correction law, as
amended by chapter 60 of the laws of 1994, the opening paragraph as
amended by chapter 320 of the laws of 2006, and the closing paragraph as
amended by section 42 of subpart B of part C of chapter 62 of the laws
of 2011 by expanding the definition of "eligible inmate" to include

those persons who will become eligible for parole or conditional release
within three years. Those persons incarcerated for an offense involving
the use or threatened use of a deadly weapon or dangerous instrument
will now qualify as an "eligible inmate" when they will become eligible
for parole or conditional release within thirty months. Persons ineligi-
ble for work release was expanded to include those under sentence for
(1) an act of terrorism or (2) for an offense involving sexual perform-
ance of a child. Additionally, section 1 contains an amendment which
would withdraw the governor's ability to issue an executive order to
exclude or limit inmates from participating in work release, and gives
the commissioner of DOCCS the responsibility of enacting regulations
which would provide support to work release participants.

Section 2: Amends subdivision 2 of section 851 of the correction law, as
amended by chapter 447 of the laws of 1991, the opening paragraph as
amended by chapter 252 of the laws of 2005, and the closing paragraph as
amended by section 43 of subpart B of part C of chapter 62 of the laws
of 2011 by expanding the list of ineligible inmates to include persons
under sentence for: (1) aggravated harassment of an employee by an
inmate, (2) homicide, (3) sex offense, (4) terrorism, or (5) an offense
involving sexual performance of a child.  Additionally, section 2
contains an amendment which would withdraw the governor's ability to
issue an executive order to exclude or limit inmates from participating
in work release, and gives the commissioner of DOCCS the responsibility
of enacting regulations to determine which inmates are eligible to
participate in work release.

Section 3: Amends subdivision 2 of section 851 of the correction law, as
added by chapter 472 of the laws of 1969 by expanding the definition of
"eligible inmate" to include those persons who will become eligible for
parole or conditional release within three years.

Section 4: Amends subdivision 2-a of section 851 of the correction law,
as added by chapter 251 of the laws of 2002 by expanding the definition
of "eligible inmate" to include those persons who will become eligible
for parole or conditional release within three years.


Section 5: Amends subdivision 2-b of section 851 of the correction law,
as added by chapter 738 of the laws of 2004 to include additional merit
time in calculating a person's eligibility date for parole or condi-
tional release.

 
EXISTING LAW:

The current law does not allow inmates to participate in work release
programs until two years prior to the date on which they will become
eligible for parole or conditional release. Additionally, current law
allows those under sentence for terrorism and offenses involving the
sexual performance of a child to participate in work release. The
proposed law would expand the particular sentences that are ineligible
for work release participation to include these two crimes

 
JUSTIFICATION:

This legislation will ensure that eligible inmates will be able to
participate in prison work release programs. Changes in sentencing laws
throughout the years have resulting in more and more people serving
determinate rather than indeterminate sentences. At its peak in 1994,
24,055' individuals participated in the work release progr.am. As of
2010, program participation has plummeted to 1,910.  In the two year
period from 2009 to 2010 alone, the number of new admissions to the
program was halved - in 2009, 416 applicants were accepted into the
program, while in 2010, only 201 applicants were accepted. This low
admission rate is not for lack of inmate interest in the program. In
2010, about 24,269 incarcerated people applied to participate in the
program, but only 702 people were accepted into work release as a stand-
alone program or work release as part of the Comprehensive Alcohol and
Substance Abuse Treatment (CASAT) program.  This means that only 4% of
all Temporary Release program applicants are accepted into the program.

A revitalized Temporary Release program is fully consistent with the
underlying goals of the recent merger of the New York Department of
Correctional Services and the Division of Parole to form the Department
of Corrections and Community Supervision (DOCCS), which include enhanced
public safety through the promotion of individuals' successful reentry
and reintegration into the community The Temporary Release program has
limitless potential to further this purpose.

Temporary Release provides for a structured transition from incarcera-
tion to life in the community, helping participants to develop the work,
educational, and basic life management skills they need to become law-a-
biding, contributing members of their communities. The evidence has
shown that programs like Temporary Release are effective at reducing
recidivism, which enhances public safety. Participation in the Temporary
Release program provides a sound and accurate picture of a person's
readiness for release to the community as a law-abiding citizen. Not
only does it aid the board in making decisions about readiness for
release, it can also be an invaluable resource to help DOCCS staff iden-
tify the supports a person needs while being supervised in the communi-
ty. For examp le, it can help identify the need for better job skill
development, the need for more education to further career advancement,
or the need for ongoing after-care to address a substance abuse problem.
Temporary Release is an exceptionally cost-effective program; indeed, a
robust Temporary Release program is a sure way to reduce the staggering
cost of the prison system. The program, particularly work release, saves
taxpayers in two important ways First, it costs significantly less to
house work release participants than to house "traditional prisoners."
Second, because individuals involved in work release earn a taxable
income, this program generates local, state, and federal tax revenues.
Additionally, the proposed legislation will ensure that work release
participants are provided the services and support necessary for success
during the transitional period. Further proposals will ensure the safety
and security of the public by limiting eligible participants to those
who have not committed certain enumerated crimes.

 
LEGISLATIVE HISTORY:

2011-2012: S.5920 - Died in Committee;

2013-2014: S.1415 - Died in Committee

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
Effectively immediately, provided however, that the amendments to subdi-
vision 2 of section 851 of the correction law made by section one of
this act shall be subject to the expiration and reversion of such subdi-
vision and section pursuant to subdivision (c) of section 46 of chapter
60 of the laws'of 1994 and section 10 of chapter 339 of the laws of
1972, as amended, when upon such date the provisions of section two of
this act shall take effect; provided further, that the amendments to
subdivision 2 of section 851 of the correction law , made by section two
of this act shall expire on the same date as subdivision @ of section 46
of chapter 60 of the laws of 1994, section 10 of chapter 339 of the laws
of 1972, and section 5 of chapter 554 of the laws of 1986, as amended,
expire, when upon such date the provisions of section three of this act
shall take effect; provided further that the amendments to subdivisions
2-a and 2-b of section 851 of the correction law, made by sections four
and five of this act shall not affect the expiration of such section and
shall expire therewith.

2019-S806 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    806
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered print-
   ed,  and  when  printed  to  be  committed  to  the Committee on Crime
   Victims, Crime and Correction
 
 AN ACT to amend the correction law, in relation to expanding prison work
   release program eligibility and participation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 851 of the correction law, as
 amended by chapter 60 of the laws of  1994,  the  opening  paragraph  as
 amended  by  chapter  320  of the laws of 2006, the closing paragraph as
 amended by section 42 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   2. "Eligible inmate" means: a person confined in an institution who is
 eligible  for  release on parole or who will become eligible for release
 on parole or conditional release within  [two]  THREE  years.  Provided,
 however,  that  a  person under sentence for an offense defined in para-
 graphs (a) and (b) of subdivision one of section 70.02 of the penal law,
 where such offense involved the use or threatened use of a deadly weapon
 or dangerous instrument shall not be eligible to participate in  a  work
 release program until he or she is eligible for release on parole or who
 will  be  eligible  for  release on parole or conditional release within
 [eighteen] THIRTY months. Provided,  further,  however,  that  a  person
 under  a  determinate  sentence  as  a second felony drug offender for a
 class B felony offense defined in article  two  hundred  twenty  of  the
 penal  law,  who  was  sentenced  pursuant to section 70.70 of such law,
 shall not be eligible to participate  in  a  temporary  release  program
 until  the  time  served  under  imprisonment for his or her determinate
 sentence, including any jail time credited pursuant to the provisions of
 article seventy of the penal law, shall be at least eighteen months.  In
 the  case  of a person serving an indeterminate sentence of imprisonment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03065-01-9

 S. 806                              2
 
 imposed pursuant to the penal law in effect after September  one,  nine-
 teen hundred sixty-seven, for the purposes of this article parole eligi-
 bility  shall  be upon the expiration of the minimum period of imprison-
 ment  fixed  by  the  court or where the court has not fixed any period,
 after service of the minimum period fixed by the state board of  parole.
 [If  an  inmate  is  denied  release on parole, such inmate shall not be
 deemed an eligible inmate until he or she is within two years of his  or
 her  next  scheduled  appearance  before the state parole board.] In any
 case where an inmate is denied release on parole while participating  in
 a  temporary  release program, the department shall review the status of
 the inmate to determine if continued placement in the program is  appro-
 priate.  No person convicted of any escape or absconding offense defined
 in article two hundred five of the  penal  law  shall  be  eligible  for
 temporary  release.  Further,  no  person  under sentence for aggravated
 harassment of an employee by an inmate as defined in section  240.32  of
 the  penal  law for, any homicide offense defined in article one hundred
 twenty-five of the penal law, for any sex offense defined in article one
 hundred thirty of the penal law, FOR AN ACT OF TERRORISM AS  DEFINED  IN
 ARTICLE  FOUR  HUNDRED NINETY OF THE PENAL LAW, FOR AN OFFENSE INVOLVING
 THE SEXUAL PERFORMANCE OF A CHILD AS  DEFINED  IN  ARTICLE  TWO  HUNDRED
 SIXTY-THREE  OF  THE  PENAL  LAW,  or  for an offense defined in section
 255.25, 255.26 or 255.27 of the penal law shall be eligible  to  partic-
 ipate  in a work release program as defined in subdivision three of this
 section. Nor shall any person under sentence for any sex offense defined
 in article one hundred thirty of the penal law be  eligible  to  partic-
 ipate  in a community services program as defined in subdivision five of
 this section. [Notwithstanding the foregoing, no person who is an other-
 wise eligible inmate who is under sentence for a  crime  involving:  (a)
 infliction  of  serious  physical  injury upon another as defined in the
 penal law or (b) any other offense involving the use or  threatened  use
 of  a deadly weapon may participate in a temporary release program with-
 out the written approval of the commissioner.]  The  commissioner  shall
 promulgate regulations giving direction to the temporary release commit-
 tee at each institution in order to aid such committees in [carrying out
 this  mandate] DETERMINING WHICH INMATES ARE ELIGIBLE AND APPROPRIATE TO
 PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.
   The governor[, by executive order,] may NOT ISSUE OR ENFORCE ANY EXEC-
 UTIVE ORDER TO exclude or  limit  the  participation  of  any  class  of
 [otherwise]  eligible  inmates from participation in a temporary release
 program. Nothing in this paragraph shall be construed to affect  [either
 the  validity  of  any  executive  order  previously issued limiting the
 participation of otherwise eligible inmates  in  such  program  or]  the
 authority  of  the  commissioner  OF  THE  DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION to impose appropriate regulations  [limiting  such
 participation]  FOR DETERMINING WHICH INMATES ARE ELIGIBLE AND APPROPRI-
 ATE TO PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.  THE  COMMISSIONER
 SHALL  PROMULGATE REGULATIONS GIVING DIRECTION TO DEPARTMENT AND TRANSI-
 TIONAL SERVICES STAFF WITH REGARD TO DEVELOPING AND  PROVIDING  PROGRAM-
 MATIC  SUPPORT  TO  TEMPORARY  RELEASE PARTICIPANTS WITH EMPHASIS ON THE
 FIRST THREE MONTHS OF WORK RELEASE.
   § 2. Subdivision 2 of section 851 of the correction law, as amended by
 chapter 447 of the laws of 1991, the opening  paragraph  as  amended  by
 chapter 252 of the laws of 2005, and the closing paragraph as amended by
 section  43 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:

 S. 806                              3
 
   2. "Eligible inmate" means: a person confined in an institution who is
 eligible for release on parole or who will become eligible  for  release
 on  parole  or  conditional  release within [two] THREE years. Provided,
 that a person under a determinate  sentence  as  a  second  felony  drug
 offender  for  a  class  B felony offense defined in article two hundred
 twenty of the penal law, who was sentenced pursuant to section 70.70  of
 such  law,  shall  not be eligible to participate in a temporary release
 program until the time served under imprisonment for his or her determi-
 nate  sentence,  including  any  jail  time  credited  pursuant  to  the
 provisions  of article seventy of the penal law, shall be at least eigh-
 teen months. In the case of a person serving an  indeterminate  sentence
 of  imprisonment  imposed  pursuant  to  the  penal  law in effect after
 September one, nineteen hundred sixty-seven, for the  purposes  of  this
 article  parole  eligibility shall be upon the expiration of the minimum
 period of imprisonment fixed by the court or where  the  court  has  not
 fixed any period, after service of the minimum period fixed by the state
 board  of parole. [If an inmate is denied release on parole, such inmate
 shall not be deemed an eligible inmate until he or  she  is  within  two
 years  of  his  or her next scheduled appearance before the state parole
 board.] In any case where an inmate is denied release  on  parole  while
 participating  in  a  temporary  release  program,  the department shall
 review the status of the inmate to determine if continued  placement  in
 the  program  is  appropriate.  No  person  convicted  of  any escape or
 absconding offense defined in article two hundred five of the penal  law
 shall  be  eligible  for  temporary  release.  FURTHER,  NO PERSON UNDER
 SENTENCE FOR AGGRAVATED HARASSMENT  OF  AN  EMPLOYEE  BY  AN  INMATE  AS
 DEFINED  IN  SECTION  240.32  OF THE PENAL LAW FOR, ANY HOMICIDE OFFENSE
 DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, FOR ANY SEX
 OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW,  FOR  AN
 ACT  OF TERRORISM AS DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL
 LAW, FOR AN OFFENSE INVOLVING THE  SEXUAL  PERFORMANCE  OF  A  CHILD  AS
 DEFINED  IN  ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR FOR AN
 OFFENSE DEFINED IN SECTION 255.25, 255.26 OR 255.27  OF  THE  PENAL  LAW
 SHALL BE ELIGIBLE TO PARTICIPATE IN A WORK RELEASE PROGRAM AS DEFINED IN
 SUBDIVISION  THREE  OF THIS SECTION. Nor shall any person under sentence
 for any sex offense defined in article one hundred thirty of  the  penal
 law  be  eligible  to  participate  in  a  community services program as
 defined in subdivision five of this section. [Notwithstanding the  fore-
 going,  no  person  who  is  an  otherwise  eligible inmate who is under
 sentence for a crime involving: (a) infliction of serious physical inju-
 ry upon another as defined in the penal law, (b) a sex offense involving
 forcible compulsion, or (c) any  other  offense  involving  the  use  or
 threatened use of a deadly weapon may participate in a temporary release
 program  without  the written approval of the commissioner.] The commis-
 sioner shall promulgate regulations giving direction  to  the  temporary
 release committee at each institution in order to aid such committees in
 [carrying  out  this mandate] DETERMINING WHICH INMATES ARE ELIGIBLE AND
 APPROPRIATE TO PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.
   The governor[, by executive order,] may NOT ISSUE OR ENFORCE ANY EXEC-
 UTIVE ORDER TO exclude or  limit  the  participation  of  any  class  of
 [otherwise]  eligible  inmates from participation in a temporary release
 program. Nothing in this paragraph shall be construed to affect  [either
 the  validity  of  any  executive  order  previously issued limiting the
 participation of otherwise eligible inmates  in  such  program  or]  the
 authority  of the commissioner to impose appropriate regulations [limit-
 ing such participation] FOR DETERMINING WHICH INMATES ARE  ELIGIBLE  AND

 S. 806                              4

 APPROPRIATE  TO  PARTICIPATE IN TEMPORARY RELEASE PROGRAMS.  THE COMMIS-
 SIONER SHALL PROMULGATE REGULATIONS GIVING DIRECTION TO  DEPARTMENT  AND
 TRANSITIONAL  SERVICES  STAFF  WITH  REGARD  TO DEVELOPING AND PROVIDING
 PROGRAMMATIC  SUPPORT TO TEMPORARY RELEASE PARTICIPANTS WITH EMPHASIS ON
 THE FIRST THREE MONTHS OF WORK RELEASE.
   § 3. Subdivision 2 of section 851 of the correction law, as  added  by
 chapter 472 of the laws of 1969, is amended to read as follows:
   2. "Eligible inmate" means a person confined in an institution where a
 work release program has been established who is eligible for release on
 parole  or  who  will  become eligible for release on parole within [one
 year] THREE YEARS.
   § 4. Subdivision 2-a of section 851 of the correction law, as added by
 chapter 251 of the laws of 2002, is amended to read as follows:
   2-a. Notwithstanding subdivision two of this section, the term "eligi-
 ble inmate" shall also include a person confined in an  institution  who
 is  eligible  for  release  on  parole  or  who will become eligible for
 release on parole or conditional release within [two] THREE  years,  and
 who  was  convicted  of  a  homicide  offense  as defined in article one
 hundred twenty-five of the penal law [or an assault offense  defined  in
 article one hundred twenty of the penal law,] and who can demonstrate to
 the  commissioner that: (a) the victim of such homicide or assault was a
 member of the inmate's immediate family  as  that  term  is  defined  in
 section  120.40  of  the  penal  law  or  had a child in common with the
 inmate; (b) the inmate was subjected to substantial physical, sexual  or
 psychological abuse committed by the victim of such homicide or assault;
 and  (c)  such  abuse  was a substantial factor in causing the inmate to
 commit such homicide or assault. With respect to an inmate's claim  that
 he or she was subjected to substantial physical, sexual or psychological
 abuse committed by the victim, such demonstration shall include corrobo-
 rative  material that may include, but is not limited to, witness state-
 ments,  social  services  records,  hospital  records,  law  enforcement
 records and a showing based in part on documentation prepared at or near
 the  time  of  the  commission of the offense or the prosecution thereof
 tending to support the inmate's claim. Prior to making  a  determination
 under this subdivision, the commissioner is required to request and take
 into  consideration  the opinion of the district attorney who prosecuted
 the underlying homicide or  assault  offense  and  the  opinion  of  the
 sentencing  court.  If such opinions are received within forty-five days
 of the request, the commissioner shall take them into consideration.  If
 such opinions are not so received, the commissioner may proceed with the
 determination.  Any action by the commissioner pursuant to this subdivi-
 sion shall be deemed a judicial function and shall not be reviewable  in
 any court.
   § 5. Subdivision 2-b of section 851 of the correction law, as added by
 chapter 738 of the laws of 2004, is amended to read as follows:
   2-b. When calculating in advance the date on which a person is or will
 be  eligible  for release on parole or conditional release, for purposes
 of determining eligibility for temporary release or for placement at  an
 alcohol  and  substance  abuse treatment correctional annex, the commis-
 sioner shall consider and include credit for all potential  credits  and
 reductions  including  but  not  limited to merit time, ADDITIONAL MERIT
 TIME and good behavior allowances. Nothing in this subdivision shall  be
 interpreted  as precluding the consideration and inclusion of credit for
 all potential credits and reductions  including,  but  not  limited  to,
 merit  time,  ADDITIONAL  MERIT  TIME  and good behavior allowances when

 S. 806                              5
 
 calculating in advance for any other purpose the date on which a  person
 is or will be eligible for release on parole or conditional release.
   §  6.  This  act shall take effect immediately, provided however, that
 the amendments to subdivision 2 of section 851  of  the  correction  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision and section pursuant to subdivision (c) of
 section 46 of chapter 60 of the laws of 1994 and section 10  of  chapter
 339  of the laws of 1972, as amended, when upon such date the provisions
 of section two of this act shall take effect; provided further, that the
 amendments to subdivision 2 of section 851 of the correction law made by
 section two of this act shall expire on the same date as subdivision (c)
 of section 46 of chapter 60 of the laws of 1994, section 10  of  chapter
 339  of  the  laws  of 1972, and section 5 of chapter 554 of the laws of
 1986, as amended, expire, when upon such date the provisions of  section
 three  of  this  act shall take effect; provided further that the amend-
 ments to subdivisions 2-a and 2-b of section 851 of the correction  law,
 made  by sections four and five of this act shall not affect the expira-
 tion of such section and shall expire therewith.

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Senate Bill S806

Sponsored By

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

co-Sponsors

2019-S806 (ACTIVE) - Details

2019-S806 (ACTIVE) - Summary

2019-S806 (ACTIVE) - Sponsor Memo

2019-S806 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S806

Share this bill

Sponsored By

Velmanette Montgomery

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

co-Sponsors

Liz Krueger

2019-S806 (ACTIVE) - Details

2019-S806 (ACTIVE) - Summary

2019-S806 (ACTIVE) - Sponsor Memo

2019-S806 (ACTIVE) - Bill Text download pdf

Comments