senate Bill S7872

2021-2022 Legislative Session

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction

download bill text pdf

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2022 referred to codes

Co-Sponsors

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S7872 (ACTIVE) - Details

See Assembly Version of this Bill:
A8894
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.45, CP L

S7872 (ACTIVE) - Summary

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.

S7872 (ACTIVE) - Sponsor Memo

S7872 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7872
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   certain persons confined in institutions operated by the department of
   corrections   and  community  supervision  to  apply  for  a  sentence
   reduction

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  criminal  procedure law is amended by adding a new
 section 440.45 to read as follows:
 § 440.45 APPLICATION FOR SENTENCE REDUCTION.
   1. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY MINI-
 MUM SENTENCE REQUIREMENT, ANY PERSON CONFINED IN AN INSTITUTION OPERATED
 BY THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  WHO  HAS
 SERVED  TEN  YEARS OF THEIR SENTENCE, OR ONE-HALF OF THE MINIMUM TERM OF
 AN INDETERMINATE SENTENCE WHERE THE MINIMUM TERM EQUALS OR  EXCEEDS  TEN
 YEARS,  OR  ONE-HALF OF A DETERMINATE SENTENCE WHERE THE SENTENCE EQUALS
 OR EXCEEDS TEN YEARS, WHICHEVER IS LESS, MAY APPLY FOR  A  REDUCTION  OF
 THEIR  SENTENCE  PURSUANT  TO  THE  PROVISIONS  OF THIS STATUTE. FOR THE
 PURPOSES OF THIS SUBDIVISION, THE  TERM  "SENTENCE"  SHALL  INCLUDE  ANY
 AGGREGATE SENTENCE WHERE CONSECUTIVE SENTENCES ARE IMPOSED.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION, AN OTHERWISE
 INELIGIBLE PERSON SHALL BE DEEMED ELIGIBLE TO APPLY FOR A  REDUCTION  IN
 SENTENCE  UPON  CONSENT  OF  THE  PROSECUTOR  IN THE UNDERLYING CRIMINAL
 ACTION IN WHICH THE SENTENCE WAS IMPOSED.
   (C) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE  PROSECUTOR
 IN  THE  UNDERLYING  CRIMINAL ACTION IN WHICH A SENTENCE WAS IMPOSED MAY
 INITIATE AN APPLICATION FOR RESENTENCING ON BEHALF OF  THE  INCARCERATED
 PERSON AND UPON SUCH APPLICATION AN ATTORNEY SHALL BE ASSIGNED TO REPRE-
 SENT THE INCARCERATED PERSON IN PROCEEDINGS PURSUANT TO THIS SECTION.
   (D)  NO  WAIVER  OF  THE  RIGHT  TO MAKE AN APPLICATION FOR A SENTENCE
 REDUCTION UNDER THIS SECTION  SHALL  BE  PERMITTED  OR  HONORED  BY  THE
 SENTENCING  COURT.  ANY SUCH WAIVER SHALL BE DEEMED VOID AND UNENFORCEA-
 BLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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