NY State Senate Bill 2021-S4835

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Apr 27, 2021	reported and committed to finance
Feb 16, 2021	referred to crime victims, crime and correction

Votes

- Apr 27, 2021 - Crime Victims, Crime And Correction Committee Vote
  S4835
  
  4
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 27, 2021
      
      aye (4)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (2)
      
      Akshar
      
      Gallivan
      
      aye wr (1)
      
      Ryan

co-Sponsors

2021-S4835 (ACTIVE) - Details

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
2013-2014: S1415
2015-2016: S1014
2017-2018: S4445
2019-2020: S806
2023-2024: S2920

2021-S4835 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

2021-S4835 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4835

SPONSOR: BIAGGI
 
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;US OFF;:

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 PROGRAM.  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 INCARCERATION TO LIFE IN THE COMMUNITY,
HELPING PARTICIPANTS TO DEVELOP THE WORK, EDUCATIONAL, AND BASIC LIFE
MANAGEMENT SKILLS THEY NEED TO TRANSITION BACK INTO THEIR COMMUNITIES.
THE EVIDENCE HAS SHOWN THAT PROGRAMS LIKE TEMPORARY RELEASE ARE EFFEC-
TIVE 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 READ-
INESS FOR RELEASE, IT CAN ALSO BE AN INVALUABLE RESOURCE TO HELP DOCCS
STAFF IDENTIFY THE SUPPORT A PERSON NEEDS WHILE BEING SUPERVISED IN THE
COMMUNITY. FOR EXAMPLE, 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 PARTIC-
IPANTS THAN TO HOUSE "TRADITIONAL PRISONERS." SECOND, BECAUSE INDIVID-
UALS INVOLVED IN WORK RELEASE EARN A TAXABLE INCOME, THIS PROGRAM GENER-
ATES 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 PERI-
OD. 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:

2019-20: S806/A4288 - DIED IN CRIME VICTIMS, CRIME, AND CORRECTION

2017-18: S4445 - DIED IN CRIME VICTIMS, CRIME, AND CORRECTION

2015-16: 51014 - DIED IN CRIME VICTIMS, CRIME, AND CORRECTION

2013-14: 51415 - DIED IN CRIME VICTIMS, CRIME, AND CORRECTION

2011-12: 55920 - DIED IN CRIME VICTIMS, CRIME, AND CORRECTION

 
FISCAL IMPLICATIONS:

TO BE DETERMINED.

 
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.

2021-S4835 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4835
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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, 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
 imposed  pursuant  to the penal law in effect after September one, nine-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08343-01-1

 S. 4835                             2
 
 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:
   2. "Eligible inmate" means: a person confined in an institution who is
 eligible  for  release on parole or who will become eligible for release

 S. 4835                             3
 
 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
 APPROPRIATE TO PARTICIPATE IN TEMPORARY RELEASE PROGRAMS.   THE  COMMIS-
 SIONER  SHALL  PROMULGATE REGULATIONS GIVING DIRECTION TO DEPARTMENT AND

 S. 4835                             4
 
 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
 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.

 S. 4835                             5
 
   § 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 S4835

Sponsored By

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

Apr 27, 2021 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Apr 27, 2021

co-Sponsors

2021-S4835 (ACTIVE) - Details

2021-S4835 (ACTIVE) - Summary

2021-S4835 (ACTIVE) - Sponsor Memo

2021-S4835 (ACTIVE) - Bill Text download pdf

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Senate Bill S4835

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Sponsored By

Alessandra Biaggi

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

co-Sponsors

Liz Krueger

2021-S4835 (ACTIVE) - Details

2021-S4835 (ACTIVE) - Summary

2021-S4835 (ACTIVE) - Sponsor Memo

2021-S4835 (ACTIVE) - Bill Text download pdf

Comments