senate Bill S4197

2021-2022 Legislative Session

Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if release would pose an imminent threat to society

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Feb 02, 2021 referred to codes

Co-Sponsors

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S4197 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.40, Pen L; amd §803, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6020
2013-2014: S3871
2015-2016: S2720
2017-2018: S2730
2019-2020: S4734

S4197 (ACTIVE) - Summary

Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.

S4197 (ACTIVE) - Sponsor Memo

S4197 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4197
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced by Sens. GRIFFO, AKSHAR, HELMING, RITCHIE, SERINO, TEDISCO --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  denial  of  parole  to
   certain  inmates  who  have been convicted of a violent felony offense
   when the state board of parole finds, by convincing evidence, that the
   release of such inmate would pose an imminent threat to  society;  and
   to amend the correction law, in relation to making the earning of good
   behavior allowances for violent felony offenders contingent upon their
   not being an imminent threat to society upon release
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1  of  section  70.40  of  the
 penal law, as amended by section 127-d-1 of subpart B of part C of chap-
 ter 62 of the laws of 2011, is amended to read as follows:
   (b)  A  person  who  is  serving one or more than one indeterminate or
 determinate sentence of imprisonment shall, if he or she so requests, be
 conditionally released from the  institution  in  which  he  or  she  is
 confined when the total good behavior time allowed to him or her, pursu-
 ant  to  the  provisions of the correction law, is equal to the unserved
 portion of his or her term, maximum  term  or  aggregate  maximum  term;
 provided,  however,  that  (i) in no event shall a person serving one or
 more indeterminate sentence of imprisonment and one or more  determinate
 sentence   of  imprisonment  which  run  concurrently  be  conditionally
 released until serving at least six-sevenths of the determinate term  of
 imprisonment which has the longest unexpired time to run; and (ii) in no
 event  shall  a  person  be  conditionally released prior to the date on
 which such person is first eligible for  discretionary  parole  release;
 AND  (III) IN THE EVENT THAT THE STATE BOARD OF PAROLE FINDS, IN WRITING
 AND BY CLEAR AND CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERV-
 ING ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT  FELONY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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