Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022||
referred to codes
|Feb 02, 2021||
referred to codes
Senate Bill S4197
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S4197 (ACTIVE) - Details
2021-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.
2021-S4197 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4197 SPONSOR: GRIFFO PURPOSE: To authorize 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. SUMMARY OF PROVISIONS: Section One: 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 add (iii) which provides the State Board of Parole the ability to deny the conditional early release of a prisoner in the event that a finding is made that the release of such prisoner would pose an imminent threat to society. Section Two: Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-e of subpart B of part C of chapter 62 of the laws of 2011, is amended to provide the State Board of Parole the ability to deny the conditional early release of a prisoner in the
2021-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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