|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 18, 2022||referred to codes|
senate Bill S7872
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7872 (ACTIVE) - Details
S7872 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7872 SPONSOR: SALAZAR TITLE OF BILL: 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 PURPOSE: This bill provides incarcerated individuals who have been sentenced to lengthy prison sentences of a decade or longer the chance for a second look at their sentence. These individuals will now be able to provide post-sentencing information and mitigation from years of incarceration to a judge and apply for a sentence reduction in the interests of justice. This bill seeks to address the harms caused by overly harsh sentences, including those required by mandatory minimums, by allowing judges to utilize their independent discretion in the interest of justice to reduce an individual's sentence notwithstanding any required minimum sentence.
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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