Senate Bill S5094

2025-2026 Legislative Session

Authorizes the state board of parole to require a violent felony offender to serve their maximum term, if release would pose an imminent threat to society

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2025	referred to codes

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2025-S5094 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.40, Pen L; amd §803, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6020
2013-2014: S3871
2015-2016: S2720
2017-2018: S2730
2019-2020: S4734
2021-2022: S4197
2023-2024: S3273

2025-S5094 (ACTIVE) - Summary

Authorizes the state board of parole to require a violent felony offender to serve their maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.

2025-S5094 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5094

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the penal law, in relation to denial of parole to
certain persons who have been convicted of a violent felony offense when
the state board of parole finds, by convincing evidence, that the
release of such person would pose an imminent threat to society; and to
amend the correction law, in relation to making the earning of good
behavior allowances for violent felony offenders contingent upon their
not being an imminent threat to society upon release

 
PURPOSE:

To authorize the State Board of Parole to require a violent felony
offender to serve his or her maximum term, if release would pose an
imminent threat to society.

 
SUMMARY OF PROVISIONS:

Section One: Paragraph (b) of subdivision 1 of section 70.40 of the

penal law, as amended by section 127-d-1 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to add (iii) which provides the
State Board of Parole the ability to deny the conditional early release
of a prisoner in the event that a finding is made that the release of
such prisoner would pose an imminent threat to society.

Section Two: Paragraph (b) of subdivision 1 of section 70.40 of the
penal law, as amended by section 127-e of subpart B of part C of chapter
62 of the laws of 2011, is amended to provide the State Board of Parole
the ability to deny the conditional early release of a prisoner in the
event that a finding is made that the release of such prisoner would
pose an imminent threat to society.

Section Three: Paragraph (a) of subdivision 1 of section 803 of the
correction law, as amended by section 37 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to provide that any time allow-
ance earned in prison by a violent felony offender shall be withheld by
the State Board of Parole upon a finding that such person would pose an
imminent threat to society if released from incarceration.

Section Four: Paragraph (a) of subdivision 1 of section 803 as the
correction law, as amended by chapter 126 of the laws of 1987 and as
designated by chapter 738 of the laws of 2004, is amended to provide
that any time allowance earned in prison by a violent felony offender
shall be withheld by the State Board of Parole upon a finding that such
person would pose an imminent threat to society if released from incar-
ceration.

Section Five: Sets forth the effective date.

 
JUSTIFICATION:

The 2011 sexual assault and murder of a woman in Utica, NY by a career
rapist named Robert Blainey who had been released early from prison due
to merit time earned for good behavior has tragically highlighted the
need to change the policy of conditional releases of violent felony
offenders. In this egregious case, Blainey is actually quoted in tran-
scripts to the parole board stating, "Society is safer with me in pris-
on. I can sit here and tell you people I'm not going to do it, I'm not
going to do it, but it's not going to make a bit of difference." He
concluded: "In your opinion and your eyes I am a low-life rapist, which
is true, and I'm not going anywhere." Well, Blainey did go somewhere and
that is right back out into society to sexually assault another woman
who this time he killed.

Under current state law, Blainey was only required to serve two-thirds
of his 1989 sentence of 12 1/2 to 25 years with the merit time he had
accumulated for good behavior while incarcerated. The State Parole Board
had no choice in the matter whether they believed he was still a danger
to society or not. As long as Blainey signed the document agreeing to
his conditional release terms he was free to go.

This legislation will help protect innocent citizens like the motel
owner Blainey targeted after hiding in an empty room until he attacked
her on the night of November 2nd, only.5 weeks after he had stopped
following the reporting requirements of his conditional release as
police were searching for his whereabouts.

 
LEGISLATIVE HISTORY:

2023-24-S.3273 - Codes Committee

2021-22 - S. 4197 - Codes Committee.

2019-20 - S. 4734 - Codes Committee.

2017-18 - S. 2730 - Passed Senate/A. 2392 - Correction Committee.

2015-16 - S. 2720 - Passed Senate/A. 2411 - Correction Committee.

2013-14 - S. 3871 - Passed Senate/A. 2618 - Correction Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediate w/provisions.

2025-S5094 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5094
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by  Sens. GRIFFO, HELMING, MATTERA, OBERACKER, STEC, TEDISCO
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  denial  of  parole  to
   certain  persons  who  have been convicted of a violent felony offense
   when the state board of parole finds, by convincing evidence, that the
   release of such person would pose an imminent threat to  society;  and
   to amend the correction law, in relation to making the earning of good
   behavior allowances for violent felony offenders contingent upon their
   not being an imminent threat to society upon release
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1  of  section  70.40  of  the
 penal law, as amended by section 127-d-1 of subpart B of part C of chap-
 ter 62 of the laws of 2011, is amended to read as follows:
   (b)  A  person  who  is  serving one or more than one indeterminate or
 determinate sentence of imprisonment shall,  if  [he  or  she]  THEY  so
 [requests]  REQUEST,  be  conditionally released from the institution in
 which [he or she is] THEY ARE confined when the total good behavior time
 allowed to [him  or  her]  THEM,  pursuant  to  the  provisions  of  the
 correction  law,  is equal to the unserved portion of [his or her] THEIR
 term, maximum term or aggregate maximum term;  provided,  however,  that
 (i)  in  no  event  shall  a  person  serving  one or more indeterminate
 sentence of imprisonment and one or more determinate sentence of  impri-
 sonment  which  run concurrently be conditionally released until serving
 at least six-sevenths of the determinate term of imprisonment which  has
 the  longest  unexpired time to run; and (ii) in no event shall a person
 be conditionally released prior to the date  on  which  such  person  is
 first  eligible for discretionary parole release; AND (III) IN THE EVENT
 THAT THE STATE BOARD OF PAROLE  FINDS,  IN  WRITING  AND  BY  CLEAR  AND
 CONVINCING  EVIDENCE,  THAT THE RELEASE OF A PERSON SERVING ANY SENTENCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08532-01-5

 S. 5094                             2
 
 OF IMPRISONMENT FOR THE CONVICTION  OF  A  VIOLENT  FELONY  OFFENSE,  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE, WOULD POSE
 AN IMMINENT THREAT TO SOCIETY, SUCH PERSON SHALL  NOT  BE  CONDITIONALLY
 RELEASED  OR PAROLED AND SHALL REMAIN IMPRISONED FOR THEIR TERM, MAXIMUM
 TERM OR AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE GREATEST.  The condi-
 tions of release, including those  governing  post-release  supervision,
 shall  be such as may be imposed by the state board of parole in accord-
 ance with the provisions of the executive law.
   Every person so released shall be under the supervision of  the  state
 department  of  corrections and community supervision for a period equal
 to the unserved portion of the term,  maximum  term,  aggregate  maximum
 term, or period of post-release supervision.
   § 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law,
 as  amended by section 127-e of subpart B of part C of chapter 62 of the
 laws of 2011, is amended to read as follows:
   (b) A person who  is  serving  one  or  more  than  one  indeterminate
 sentence  of  imprisonment  shall,  if  [he  or  she] THEY so [requests]
 REQUEST, be conditionally released from the institution in which [he  or
 she  is]  THEY ARE confined when the total good behavior time allowed to
 [him or her] THEM, pursuant to the provisions of the correction law,  is
 equal to the unserved portion of [his or her] THEIR maximum or aggregate
 maximum  term; PROVIDED, HOWEVER, THAT IN THE EVENT THAT THE STATE BOARD
 OF PAROLE FINDS, IN WRITING AND BY CLEAR AND CONVINCING  EVIDENCE,  THAT
 THE  RELEASE  OF  A  PERSON SERVING ANY SENTENCE OF IMPRISONMENT FOR THE
 CONVICTION OF A VIOLENT FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF
 SECTION 70.02 OF THIS ARTICLE, WOULD POSE AN IMMINENT THREAT TO SOCIETY,
 SUCH PERSON SHALL NOT BE CONDITIONALLY RELEASED  OR  PAROLED  AND  SHALL
 REMAIN  IMPRISONED  FOR  THEIR  MAXIMUM  TERM OR AGGREGATE MAXIMUM TERM,
 WHICHEVER SHALL BE GREATER. The conditions of release,  including  those
 governing  post-release  supervision, shall be such as may be imposed by
 the state board of parole in accordance with the provisions of the exec-
 utive law.
   Every person so released shall be under the supervision of the depart-
 ment of corrections and community supervision for a period equal to  the
 unserved  portion  of  the maximum, aggregate maximum term, or period of
 post-release supervision.
   § 3. Paragraph (a) of subdivision 1 of section 803 of  the  correction
 law,  as  amended  by section 37 of subpart B of part C of chapter 62 of
 the laws of 2011, is amended to read as follows:
   (a) Every person confined in an institution of  the  department  or  a
 facility in the department of mental hygiene serving an indeterminate or
 determinate sentence of imprisonment, except a person serving a sentence
 with  a  maximum  term  of life imprisonment, may receive time allowance
 against the term or maximum term of [his or her] THEIR sentence  imposed
 by the court. Such allowances may be granted for good behavior and effi-
 cient  and  willing  performance  of  duties  assigned  or  progress and
 achievement in an assigned  treatment  program,  and  may  be  withheld,
 forfeited or canceled in whole or in part for bad behavior, violation of
 institutional  rules  or  failure  to  perform properly in the duties or
 program assigned.   PROVIDED, HOWEVER, THAT ANY  TIME  ALLOWANCE  EARNED
 PURSUANT  TO  THIS SECTION BY A PERSON SERVING A SENTENCE FOR CONVICTION
 OF A VIOLENT FELONY OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION  70.02
 OF  THE  PENAL LAW SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A
 FINDING, IN WRITING AND BY CLEAR  AND  CONVINCING  EVIDENCE,  THAT  SUCH
 PERSON  WOULD POSE AN IMMINENT THREAT TO SOCIETY IF RELEASED FROM INCAR-
 CERATION.
 S. 5094                             3
 
   § 4.  Paragraph (a) of subdivision 1 of section 803 of the  correction
 law,  as amended by chapter 126 of the laws of 1987 and as designated by
 chapter 738 of the laws of 2004, is amended to read as follows:
   (a)  Every  person  confined  in an institution of the department or a
 facility in the department of mental hygiene  serving  an  indeterminate
 sentence  of  imprisonment,  except  a  person serving a sentence with a
 maximum term of life imprisonment, may receive  time  allowance  against
 the  maximum term or period of [his] THEIR sentence not to exceed in the
 aggregate one-third of the term or period imposed  by  the  court.  Such
 allowances  may  be  granted for good behavior and efficient and willing
 performance of  duties  assigned  or  progress  and  achievement  in  an
 assigned  treatment  program, and may be withheld, forfeited or canceled
 in whole or in part for bad behavior, violation of  institutional  rules
 or  failure  to  perform  properly  in  the  duties or program assigned.
 PROVIDED, HOWEVER, THAT ANY  TIME  ALLOWANCE  EARNED  PURSUANT  TO  THIS
 SECTION BY A PERSON SERVING A SENTENCE FOR CONVICTION OF A VIOLENT FELO-
 NY  OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW
 SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN  WRIT-
 ING AND BY CLEAR AND CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN
 IMMINENT THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
   §  5. This act shall take effect immediately; provided that the amend-
 ments to paragraph (b) of subdivision 1 of section 70.40  of  the  penal
 law  made  by section one of this act shall be subject to the expiration
 and reversion of such paragraph pursuant to subdivision d of section  74
 of  chapter  3  of the laws of 1995, as amended, when upon such date the
 provisions of section two of this act shall take effect;  and  provided,
 further  that  the amendments to section 803 of the correction law, made
 by section three of this act, shall be subject  to  the  expiration  and
 reversion  of  such  section  pursuant to subdivision d of section 74 of
 chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
 provisions of section four of this act shall take effect.

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Senate Bill S5094

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2025-S5094 (ACTIVE) - Details

2025-S5094 (ACTIVE) - Summary

2025-S5094 (ACTIVE) - Sponsor Memo

2025-S5094 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph A. Griffo

Current Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Pamela Helming

Mario R. Mattera

Peter Oberacker

Daniel G. Stec

2025-S5094 (ACTIVE) - Details

2025-S5094 (ACTIVE) - Summary

2025-S5094 (ACTIVE) - Sponsor Memo

2025-S5094 (ACTIVE) - Bill Text download pdf

Comments