Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2023||
referred to codes
Senate Bill S321
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S321 (ACTIVE) - Details
2023-S321 (ACTIVE) - Sponsor Memo
BILL NUMBER: S321 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 to obtain a "second look" at their sentences. These individuals will now be able to provide post-sentencing information and mitigation from years of incar- ceration to a judge and apply for a sentence reduction in the interests of justice. This bill seeks to address the harms caused by New York's history of imposing 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.
2023-S321 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 321 2023-2024 Regular Sessions I N S E N A T E (PREFILED) January 4, 2023 ___________ Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, GIANARIS, HOYLMAN, JACKSON, MAY, MYRIE, PERSAUD, RAMOS, RIVERA, SEPULVEDA -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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