NY State Senate Bill 2023-S4919

Senate Bill S4919

2023-2024 Legislative Session

Relates to permitting a qualified incarcerated individual eligible for early release to receive a conditional release

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Feb 17, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S4919 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4565
2021-2022: S2202

2023-S4919 (ACTIVE) - Summary

Relates to permitting an incarcerated individual who has had a final order of deportation issued against him or her, has not been convicted of an A-1 felony and who is eligible for early release to receive a conditional release.

2023-S4919 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4919

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

This bill amends Executive Law § 259-i (2)(d)(1) to permit an inmate who
has a deportation order to be deported at his or her earliest release
date.

 
JUSTIFICATION:

A limited credit time allowance (LCTA) takes six months off certain
prisoners' minimum sentences if they complete qualifying programs and
maintain a good disciplinary record. In the past, the parole board
released most prisoners from foreign countries who earned such credit to
deportation at their LCTA release dates. A few years ago, the board

decided such foreign inmates were not eligible for LCTA release because
Executive Law states that such inmates must have served their "minimum
period of imprisonment imposed by the court" before being eligible for
conditional release to deportation. LCTA is granted by DOCCS under
Correction Law § 803-B and approved by the parole board, but is not
imposed by the court, so the board decided they did not have the author-
ity to release such people to deportation. This bill corrects that over-
sight and grants the board the authority to release foreign incarcerated
individuals at the same time incarcerated Americans are eligible for
release.

 
LEGISLATIVE HISTORY OF BILL:

S.2202 of 2021-22; Referred to Crime Victims, Crime and Correction

S.4565 of 2019-20; Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

It will save the state money by allowing foreign incarcerated individ-
uals to be released from their terms of incarceration six months sooner.

 
EFFECTIVE DATE:
Immediately.

2023-S4919 (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S4919

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Sponsored By

Luis R. Sepúlveda