Senate Bill S2891

2023-2024 Legislative Session

Relates to motions for resentencing by the people

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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2023-S2891 (ACTIVE) - Details

See Assembly Version of this Bill:
A2722
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.48, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6892, A9055
2021-2022: S257, A5977

2023-S2891 (ACTIVE) - Summary

Allows for motions for resentencing by the people for certain sentences.

2023-S2891 (ACTIVE) - Sponsor Memo

2023-S2891 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2891
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  COMRIE, KRUEGER, RIVERA -- 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 motions for
   resentencing by the people
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The Legislature finds and declares the following:
   1.  People who commit crimes grow and change over time. The commission
 of a crime--no matter the offense--need not  define  a  person  forever.
 Continued incarceration of people who no longer pose a risk to community
 safety is not in the public interest and only makes our State and socie-
 ty less humane.
   2.  Yet  after  a person is sentenced, we provide few meaningful mech-
 anisms to review the length of that  sentence  based  on  how  a  person
 responds  to  incarceration. We limit these opportunities even though at
 the time of sentencing,  all  involved--including  prosecutors,  judges,
 defense  attorneys, and even the person sentenced--are not positioned to
 determine with any precision how long a sentence needs to be in order to
 fulfill the purpose of incarceration. It is impossible  to  predict  how
 individuals will develop during incarceration.
   3.  The  result  of  this  system is thousands of people still serving
 prison terms despite having long-since been  rehabilitated.  Our  system
 traps  tens  of  thousands of people in New York's prisons who are not a
 safety risk, many for life or de facto life sentences.
   4. Our failure to provide a meaningful opportunity  for  release  also
 traps  a  large  number  of  people  in prison who are serving sentences
 imposed during the tough-on-crime era that we would not impose today.
   5. Our overreliance on lengthy sentences  helped  explode  New  York's
 prison population.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00788-01-3
 S. 2891                             2
              

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