Senate Bill S4919

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4919
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 executive law, in relation to permitting a qualified
   incarcerated individual eligible for early release to receive a condi-
   tional release

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (d) of subdivision 2 of
 section 259-i of the executive law, as amended by  chapter  322  of  the
 laws of 2021, is amended to read as follows:
   (i)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
 this subdivision, after the incarcerated individual has  served  his  or
 her  minimum  period of imprisonment imposed by the court OR IS ELIGIBLE
 FOR EARLY RELEASE FROM IMPRISONMENT, or at any time after the  incarcer-
 ated  individual's period of imprisonment has commenced for an incarcer-
 ated individual serving a determinate or indeterminate term of imprison-
 ment, provided that the incarcerated individual has had a final order of
 deportation issued against him or her  and  provided  further  that  the
 incarcerated individual is not convicted of either an A-I felony offense
 other than an A-I felony offense as defined in article two hundred twen-
 ty  of  the  penal law or a violent felony offense as defined in section
 70.02 of the penal law, if the incarcerated  individual  is  subject  to
 deportation  by  the  United  States  Bureau  of Immigration and Customs
 Enforcement, in addition to the criteria set forth in paragraph  (c)  of
 this subdivision, the board may consider, as a factor warranting earlier
 release,  the  fact  that such incarcerated individual will be deported,
 and may grant parole from  an  indeterminate  sentence  or  release  for
 deportation  from a determinate sentence to such incarcerated individual
 conditioned specifically on his or her prompt deportation. The board may
 make such conditional  grant  of  early  parole  from  an  indeterminate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09367-01-3
              

 S. 4919                             2
 
 sentence  or  release  for  deportation from a determinate sentence only
 where it has received from the United States Bureau of  Immigration  and
 Customs  Enforcement  assurance (A) that an order of deportation will be
 executed  or that proceedings will promptly be commenced for the purpose
 of deportation upon release of  the  incarcerated  individual  from  the
 custody  of  the  department  of correctional services, and (B) that the
 incarcerated individual, if granted parole or  release  for  deportation
 pursuant to this paragraph, will not be released from the custody of the
 United States Bureau of Immigration and Customs Enforcement, unless such
 release  be  as  a  result  of deportation without providing the board a
 reasonable opportunity to arrange for execution of its warrant  for  the
 retaking of such person.
   § 2. This act shall take effect immediately.