assembly Bill A9040

2019-2020 Legislative Session

Relates to parole eligibility for certain inmates age fifty-five

download bill text pdf

Sponsored By

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2020 referred to correction

Co-Sponsors

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Multi-Sponsors

A9040 (ACTIVE) - Details

See Senate Version of this Bill:
S2144
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A6354, S8581

A9040 (ACTIVE) - Summary

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

A9040 (ACTIVE) - Bill Text download pdf


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

                                  9040

                          I N  A S S E M B L Y

                            January 10, 2020
                               ___________

Introduced  by  M.  of  A.  DE LA ROSA -- Multi-Sponsored by -- M. of A.
  QUART -- 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