NY State Senate Bill 2021-S2192

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 20, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S2192 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§806, 865 & 867, Cor L; amd §70.40, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S2663

2021-S2192 (ACTIVE) - Summary

Relates to expanding eligibility for shock incarceration, successful completion of such shall make such inmate eligible for release under certain conditions.

2021-S2192 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2192

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law and the penal law, in relation to
eligibility for shock incarceration

 
PURPOSE:

This bill expands shock incarceration eligibility.

 
SUMMARY OF PROVISIONS:

Section 1. Amends correction law 806 to grant presumptive release eligi-
bility to all shock graduates.

Section 2. Amends section 865 of the correction law to expand shock
eligibility to people convicted of E, D, C and non-violent B crimes, who
are under fifty-six years of age and within five years of parole eligi-
bility or conditional release.

Section 3 modifies section 867 of the correction law to create consist-
ency so that inmates serving either indeterminate or determinate
sentences may each be eligible for presumptive release after successful-
ly completing shock incarceration.

Section 4 amends section 70.40 of the penal law to clarify that inmates
with indeterminate sentences are eligible for parole or presumptive
release after successful completion of a shock incarceration program.

 
JUSTIFICATION:

Shock incarceration has been a successful program in New York for over
twenty-five years. Shock incarceration is a six-month program involving
hard labor, physical training, and academic and other programming in a
boot-camp like environment. Monterey Shock was the first shock incarcer-
ation facility in New York and has boasted a lower than average recidiv-
ism rate, saving the State money and providing an effective alternative
to prolonged prison incarceration.

In spite of its success, the Monterey Shock incarceration facility is
being closed. One of the reasons cited by the Governor for closing
Monterey is that there are not enough shock-eligible inmates to fill the
facility since the prison census is down nearly 24% since 1999.  With
the reform of the Rockefeller Drug Laws, there are fewer shock-eligible
inmates in the system because most low-level drug offenders are now
being diverted from prison and sent to alternative programs. Rather than
closing a shock facility, it is time to expand eligibility to permit a
greater number of inmates to benefit from shock incarceration. Shock
inmates recidivate at a lower rate, have better educational advancement,
and are more successful at finding jobs and remaining drug free than
other inmates who go through long periods of incarceration. This bill
would allow more inmates, carefully screened by DOCCS, to have the
opportunity to turn their lives around while increasing public safety
and ensuring that the remaining shock incarceration facilities stay open
or even that the Governor reconsider closing Monterey.

 
LEGISLATIVE HISTORY:
S.2663 of 2019-20; Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

Will save the State money by diverting more inmates from long periods of
incarceration.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after the bill becomes law.

2021-S2192 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2192
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, SAVINO -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Crime Victims,
   Crime and Correction
 
 AN ACT to amend the correction law and the penal  law,  in  relation  to
   eligibility for shock incarceration

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 806 of the  correction  law,
 as  added  by  section 5 of part E of chapter 62 of the laws of 2003, is
 amended and a new subdivision 8 is added to read as follows:
   Presumptive release program [for nonviolent inmates].
   8. NOTWITHSTANDING ANY OTHER SUBDIVISION OF THIS SECTION AN INMATE WHO
 SUCCESSFULLY COMPLETES A SHOCK INCARCERATION PROGRAM SHALL  BE  ELIGIBLE
 FOR PRESUMPTIVE RELEASE PURSUANT TO SECTION EIGHT HUNDRED SIXTY-SEVEN OF
 THIS CHAPTER OR SECTION 70.40 OF THE PENAL LAW.
   § 2. Section 865 of the correction law, as added by chapter 261 of the
 laws  of 1987, subdivision 1 as amended by section 2 of part KK of chap-
 ter 55 of the laws of 2019 and subdivision 2 as amended by section 2  of
 part L of chapter 56 of the laws of 2009, is amended to read as follows:
   § 865. Definitions. As used in this article, the following terms mean:
   1. "Eligible inmate" means a person sentenced to an indeterminate term
 of  imprisonment  who  will become eligible for release on parole within
 [three] FIVE years or sentenced to a determinate  term  of  imprisonment
 who  will  become  eligible  for conditional release within [three] FIVE
 years, who has not reached the age of [fifty] FIFTY-SIX years,  who  has
 not  previously been convicted of a violent felony as defined in article
 seventy of the penal law, or a felony in any  other  jurisdiction  which
 includes  all of the essential elements of any such violent felony, upon
 which an indeterminate or determinate term of imprisonment  was  imposed
 and  who  was between the ages of sixteen and [fifty] FIFTY-SIX years at
 the time of commission of the  crime  upon  which  his  or  her  present
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03848-01-1

 S. 2192                             2
 
 sentence  was  based.  Notwithstanding  the  foregoing, no person who is
 convicted of any of the following crimes shall  be  deemed  eligible  to
 participate in this program: (a) a [violent felony offense as defined in
 article  seventy  of the penal law; provided, however, that a person who
 is convicted of burglary in the second degree as defined in  subdivision
 two  of section 140.25 of the penal law, or robbery in the second degree
 as defined in subdivision one of section 160.10 of the penal law, or  an
 attempt  thereof, is eligible to participate,] VIOLENT FELONY OFFENSE AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  70.02  OF  THE
 PENAL  LAW,  (b)  an  A-I  felony  offense,  (c) any homicide offense as
 defined in article one hundred twenty-five of the  penal  law,  (d)  any
 felony sex offense as defined in article one hundred thirty of the penal
 law  and  (e) any escape or absconding offense as defined in article two
 hundred five of the penal law.
   2. "Shock incarceration program" means a  program  pursuant  to  which
 eligible  inmates are selected to participate in the program and serve a
 period of six months in a  shock  incarceration  facility,  which  shall
 provide  rigorous  physical activity, intensive regimentation and disci-
 pline and rehabilitation therapy and programming. Such  inmates  may  be
 selected  either:  (i)  at  a  reception  center;  or  (ii) at a general
 confinement facility when the otherwise  eligible  inmate  then  becomes
 eligible  for release on parole within [three] FIVE years in the case of
 an indeterminate term of imprisonment,  or  then  becomes  eligible  for
 conditional  release within [three] FIVE years in the case of a determi-
 nate term of imprisonment.
   § 3. Subdivision 4 of section 867 of the correction law, as amended by
 chapter 738 of the laws of 2004, is amended to read as follows:
   4. An inmate who has  successfully  completed  a  shock  incarceration
 program shall be eligible to receive such a certificate of earned eligi-
 bility pursuant to section eight hundred five of this chapter.  Notwith-
 standing  any other provision of law, an inmate [sentenced to a determi-
 nate] SERVING A sentence of imprisonment who has successfully  completed
 a  shock  incarceration  program  shall  be  eligible  to receive such a
 certificate of earned eligibility and shall be immediately  eligible  to
 be conditionally released, PAROLED OR PRESUMPTIVELY RELEASED PURSUANT TO
 SECTION 70.40 OF THE PENAL LAW.
   §  4.  Subparagraph  (v)  of paragraph (a) of subdivision 1 of section
 70.40 of the penal law, as amended by section 127-c of subpart B of part
 C of chapter 62 of the laws of 2011, is amended to read as follows:
   (v) Notwithstanding any other subparagraph of this paragraph, a person
 may be paroled from the institution in which he or she  is  confined  at
 any  time on medical parole pursuant to section two hundred fifty-nine-r
 or section two hundred fifty-nine-s of the executive law or for deporta-
 tion pursuant to paragraph (d) of subdivision two of section two hundred
 fifty-nine-i of the executive law or PAROLED OR  PRESUMPTIVELY  RELEASED
 after  the successful completion of a shock incarceration program pursu-
 ant to article twenty-six-A of the correction law.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to section 806
 of  the  correction law made by section one of this act shall not affect
 the repeal of such section and shall be deemed repealed  therewith;  and
 further  provided,  that the amendments to subparagraph (v) of paragraph
 (a) of subdivision 1 of section 70.40 of the penal law made  by  section
 four  of  this act shall not affect the expiration of such paragraph and
 shall be deemed to expire therewith.

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Senate Bill S2192

Sponsored By

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

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co-Sponsors

2021-S2192 (ACTIVE) - Details

2021-S2192 (ACTIVE) - Summary

2021-S2192 (ACTIVE) - Sponsor Memo

2021-S2192 (ACTIVE) - Bill Text download pdf

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Sponsored By

Luis R. Sepúlveda

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

Actions

co-Sponsors

Diane J. Savino

2021-S2192 (ACTIVE) - Details

2021-S2192 (ACTIVE) - Summary

2021-S2192 (ACTIVE) - Sponsor Memo

2021-S2192 (ACTIVE) - Bill Text download pdf

Comments