NY State Senate Bill 2011-S5920

Archive: Last 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
Mar 07, 2012	defeated in crime victims, crime and correction
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to crime victims, crime and correction
Nov 07, 2011	referred to rules

Votes

- Mar 7, 2012 - Crime Victims, Crime And Correction Committee Vote
  S5920
  
  5
  
  Aye
  
  9
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 7, 2012
      
      aye (5)
      
      Espaillat
      
      Hassell-Thompson
      
      Montgomery
      
      Peralta
      
      Rivera
      
      nay (9)
      
      DeFrancisco
      
      Gallivan
      
      Griffo
      
      Kennedy
      
      Little
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Ritchie

co-Sponsors

2011-S5920 (ACTIVE) - Details

See Assembly Version of this Bill:: A8961
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1415, A4875
2015-2016: S1014, A2495
2017-2018: S4445, A4042
2019-2020: S806, A4288
2021-2022: S4835
2023-2024: S2920

2011-S5920 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

2011-S5920 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5920

TITLE OF BILL:
An act
to amend the correction law, in relation to expanding prison work release
program eligibility and participation

PURPOSE:
To expand the scope of eligibility in prison work release programs in
an effort to increase participation and better prepare inmates for
successful reentry.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 2 of section 851 of the correction law,
as amended by chapter 60 of the laws of 1994, the opening paragraph
as amended by chapter 320 of the laws of 2006, and the closing
paragraph as amended by section 42 of subpart B of part C of chapter
62 of the laws of 2011 by expanding the definition of "eligible
inmate" to include those persons who will become eligible for parole
or conditional release within three years. Those persons incarcerated
for an offense involving the use or threatened use of a deadly weapon
or dangerous instrument will now qualify as an "eligible inmate" when
they will become eligible for parole or conditional release within
thirty months. Persons ineligible for work release was expanded to
include those under sentence for (1) an act of terrorism or (2) for
an offense involving sexual performance of a child.

Additionally, section 1 contains an amendment which would withdraw the
governor's ability to issue an executive order to exclude or limit
inmates from participating in work release, and gives the
commissioner of DOCCS the responsibility of enacting regulations
which would provide support to work release participants.

Section 2: Amends subdivision 2 of section 851 of the correction law,
as amended by chapter 447 of the laws of 1991, the opening paragraph
as amended by chapter 252 of the laws of 2005, and the closing
paragraph as amended by section 43 of subpart B of part C of chapter
62 of the laws of 2011 by expanding the list of ineligible inmates
to include persons under sentence for: (1) aggravated harassment of
an employee by an inmate, (2) homicide, (3) sex offense, (4)
terrorism, or (5) an offense involving sexual performance of a child.
Additionally, section 2 contains an amendment which would withdraw the
governor's ability to issue an executive order to exclude or limit
inmates from participating in work release, and gives the
commissioner of DOCCS the responsibility of enacting regulations to
determine which inmates are eligible to participate in work release.

Section 3: Amends subdivision 2 of section 851 of the correction
law, as added by chapter 472 of the laws of 1969 by expanding the
definition of "eligible inmate" to include those persons who will
become eligible for parole or conditional release within three years.

Section 4: Amends subdivision 2-a of section 851 of the correction
law, as added by chapter 251 of the laws of 2002 by expanding the
definition of "eligible inmate" to include those persons who will
become eligible for parole or conditional release within three years.


Section 5: Amends subdivision 2-b of section 851 of the correction
law, as added by chapter 738 of the laws of 2004 to include
additional merit time in calculating a person's eligibility date for
parole or conditional release.

EXISTING LAW:
The current law does not allow inmates to participate in work release
programs until two years prior to the date on which they will become
eligible for parole or conditional release. Additionally, current law
allows those under sentence for terrorism and offenses involving the
sexual performance of a child to participate in work release. The
proposed law would expand the particular sentences that are
ineligible for work release participation to include these two crimes.

JUSTIFICATION:
This legislation will ensure that eligible inmates will be able to
participate in prison work release programs.
Changes in sentencing laws throughout the years have resulting in more
and more people serving determinate rather than indeterminate
sentences. At its peak in 1994, 24,055 individuals participated in
the work release program. As of 2010, program participation has
plummeted to 1,910. In the two year period from 2009 to 2010 alone,
the number of new admissions to the program was halved - in 2009, 416
applicants were accepted into the program, while in 2010, only 201
applicants were accepted. This low admission rate is not for lack of
inmate interest in the program. In 2010, about 24,269 incarcerated
people applied to participate in the program, but only 702 people
were accepted into work release as a stand alone program or work
release as part of the Comprehensive Alcohol and Substance Abuse
Treatment (CASAT) program. This means that only 4% of all Temporary
Release program applicants are accepted into the program.

A revitalized Temporary Release program is fully consistent with the
underlying goals of the recent merger of the New York Department of
Correctional Services and the Division of Parole to form the
Department of Corrections and Community Supervision (DOCCS), which
include enhanced public safety through the promotion of individuals'
successful reentry and reintegration into the community. The
Temporary Release program has limitless potential to further this
purpose. Temporary Release provides for a structured transition from
incarceration to life in the community, helping participants to
develop the work, educational, and basic life management skills they
need to become law-abiding, contributing members of their
communities. The evidence has shown that programs like Temporary
Release are effective at reducing recidivism, which enhances public
safety. Participation in the Temporary Release program provides a
sound and accurate picture of a person's readiness for release to the
community as a law-abiding citizen. Not only does it aid the board in
making decisions about readiness for release, it can also be an
invaluable resource to help DOCCS staff identify the supports a
person needs while being supervised in the community. For example,
it can help identify the need for better job skill development,
the need for more education to further career advancement, or the
need for ongoing after-care to address a substance abuse problem.

Temporary Release is an exceptionally cost-effective program; indeed,
a robust Temporary Release program is a sure way to reduce the


staggering cost of the prison system. The program, particularly work
release, saves taxpayers in two important ways. First, it costs
significantly less to house work release participants than to house
"traditional prisoners." Second, because individuals involved in work
release earn a taxable income, this program generates local, state,
and federal tax revenues.

Additionally, the proposed legislation will ensure that work release
participants are provided the services and support necessary for
success during the transitional period. Further proposals will ensure
the safety and security of the public by limiting eligible
participants to those who have not committed certain enumerated crimes.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
Effectively immediately, provided however, that the amendments to
subdivision 2 of section 851 of the correction law made by section
one of this act shall be subject to the expiration and reversion of
such subdivision and section pursuant to subdivision (c) of section
46 of chapter 60 of the laws of 1994 and section 10 of chapter 339 of
the laws of 1972, as amended, when upon such date the provisions of
section two of this act shall take effect; provided further, that the
amendments to subdivision 2 of section 851 of the correction law ,
made by section two of this act shall expire on the same date as
subdivision ¸ of section 46 of chapter 60 of the laws of 1994,
section 10 of chapter 339 of the laws of 1972, and section 5 of
chapter 554 of the laws of 1986, as amended, expire, when upon such
date the provisions of section three of this act shall take effect;
provided further that the amendments to subdivisions 2-a and 2-b of
section 851 of the correction law, made by sections four and five of
this act shall not affect the expiration of such section and shall
expire therewith.

2011-S5920 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5920

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            November 7, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the correction law, in relation to expanding prison work
  release program eligibility and participation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 851 of the correction law, as
amended by chapter 60 of the laws of  1994,  the  opening  paragraph  as
amended  by  chapter  320  of the laws of 2006, the closing paragraph as
amended by section 42 of subpart B of part C of chapter 62 of  the  laws
of 2011, is amended to read as follows:
  2. "Eligible inmate" means: a person confined in an institution who is
eligible  for  release on parole or who will become eligible for release
on parole or conditional release within  [two]  THREE  years.  Provided,
however,  that  a  person under sentence for an offense defined in para-
graphs (a) and (b) of subdivision one of section 70.02 of the penal law,
where such offense involved the use or threatened use of a deadly weapon
or dangerous instrument shall not be eligible to participate in  a  work
release program until he or she is eligible for release on parole or who
will  be  eligible  for  release on parole or conditional release within
[eighteen] THIRTY months. Provided,  further,  however,  that  a  person
under  a  determinate  sentence  as  a second felony drug offender for a
class B felony offense defined in article  two  hundred  twenty  of  the
penal  law,  who  was  sentenced  pursuant to section 70.70 of such law,
shall not be eligible to participate  in  a  temporary  release  program
until  the  time  served  under  imprisonment for his or her determinate
sentence, including any jail time credited pursuant to the provisions of
article seventy of the penal law, shall be at least eighteen months.  In
the  case  of a person serving an indeterminate sentence of imprisonment
imposed pursuant to the penal law in effect after September  one,  nine-
teen hundred sixty-seven, for the purposes of this article parole eligi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13630-02-1

S. 5920                             2

bility  shall  be upon the expiration of the minimum period of imprison-
ment fixed by the court or where the court has  not  fixed  any  period,
after  service of the minimum period fixed by the state board of parole.
[If  an  inmate  is  denied  release on parole, such inmate shall not be
deemed an eligible inmate until he or she is within two years of his  or
her  next  scheduled  appearance  before the state parole board.] In any
case where an inmate is denied release on parole while participating  in
a  temporary  release program, the department shall review the status of
the inmate to determine if continued placement in the program is  appro-
priate.  No person convicted of any escape or absconding offense defined
in article two hundred five of the  penal  law  shall  be  eligible  for
temporary  release.  Further,  no  person  under sentence for aggravated
harassment of an employee by an inmate as defined in section  240.32  of
the  penal  law for, any homicide offense defined in article one hundred
twenty-five of the penal law, for any sex offense defined in article one
hundred thirty of the penal law, FOR AN ACT OF TERRORISM AS  DEFINED  IN
ARTICLE  FOUR  HUNDRED NINETY OF THE PENAL LAW, FOR AN OFFENSE INVOLVING
THE SEXUAL PERFORMANCE OF A CHILD AS  DEFINED  IN  ARTICLE  TWO  HUNDRED
SIXTY-THREE  OF  THE  PENAL  LAW,  or  for an offense defined in section
255.25, 255.26 or 255.27 of the penal law shall be eligible  to  partic-
ipate  in a work release program as defined in subdivision three of this
section. Nor shall any person under sentence for any sex offense defined
in article one hundred thirty of the penal law be  eligible  to  partic-
ipate  in a community services program as defined in subdivision five of
this section. [Notwithstanding the foregoing, no person who is an other-
wise eligible inmate who is under sentence for a  crime  involving:  (a)
infliction  of  serious  physical  injury upon another as defined in the
penal law or (b) any other offense involving the use or  threatened  use
of  a deadly weapon may participate in a temporary release program with-
out the written approval of the commissioner.]  The  commissioner  shall
promulgate regulations giving direction to the temporary release commit-
tee at each institution in order to aid such committees in [carrying out
this  mandate] DETERMINING WHICH INMATES ARE ELIGIBLE AND APPROPRIATE TO
PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.
  The governor[, by executive order,] may NOT ISSUE OR ENFORCE ANY EXEC-
UTIVE ORDER TO exclude or  limit  the  participation  of  any  class  of
[otherwise]  eligible  inmates from participation in a temporary release
program. Nothing in this paragraph shall be construed to affect  [either
the  validity  of  any  executive  order  previously issued limiting the
participation of otherwise eligible inmates  in  such  program  or]  the
authority  of  the  commissioner  OF  THE  DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION to impose appropriate regulations  [limiting  such
participation]  FOR DETERMINING WHICH INMATES ARE ELIGIBLE AND APPROPRI-
ATE TO PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.  THE  COMMISSIONER
SHALL  PROMULGATE REGULATIONS GIVING DIRECTION TO DEPARTMENT AND TRANSI-
TIONAL SERVICES STAFF WITH REGARD TO DEVELOPING AND  PROVIDING  PROGRAM-
MATIC  SUPPORT  TO  TEMPORARY  RELEASE PARTICIPANTS WITH EMPHASIS ON THE
FIRST THREE MONTHS OF WORK RELEASE.
  S 2. Subdivision 2 of section 851 of the correction law, as amended by
chapter 447 of the laws of 1991, the opening  paragraph  as  amended  by
chapter 252 of the laws of 2005, and the closing paragraph as amended by
section  43 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  2. "Eligible inmate" means: a person confined in an institution who is
eligible for release on parole or who will become eligible  for  release
on  parole  or  conditional  release within [two] THREE years. Provided,

S. 5920                             3

that a person under a determinate  sentence  as  a  second  felony  drug
offender  for  a  class  B felony offense defined in article two hundred
twenty of the penal law, who was sentenced pursuant to section 70.70  of
such  law,  shall  not be eligible to participate in a temporary release
program until the time served under imprisonment for his or her determi-
nate  sentence,  including  any  jail  time  credited  pursuant  to  the
provisions  of article seventy of the penal law, shall be at least eigh-
teen months. In the case of a person serving an  indeterminate  sentence
of  imprisonment  imposed  pursuant  to  the  penal  law in effect after
September one, nineteen hundred sixty-seven, for the  purposes  of  this
article  parole  eligibility shall be upon the expiration of the minimum
period of imprisonment fixed by the court or where  the  court  has  not
fixed any period, after service of the minimum period fixed by the state
board  of parole. [If an inmate is denied release on parole, such inmate
shall not be deemed an eligible inmate until he or  she  is  within  two
years  of  his  or her next scheduled appearance before the state parole
board.] In any case where an inmate is denied release  on  parole  while
participating  in  a  temporary  release  program,  the department shall
review the status of the inmate to determine if continued  placement  in
the  program  is  appropriate.  No  person  convicted  of  any escape or
absconding offense defined in article two hundred five of the penal  law
shall  be  eligible  for  temporary  release.  FURTHER,  NO PERSON UNDER
SENTENCE FOR AGGRAVATED HARASSMENT  OF  AN  EMPLOYEE  BY  AN  INMATE  AS
DEFINED  IN  SECTION  240.32  OF THE PENAL LAW FOR, ANY HOMICIDE OFFENSE
DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, FOR ANY SEX
OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW,  FOR  AN
ACT  OF TERRORISM AS DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL
LAW, FOR AN OFFENSE INVOLVING THE  SEXUAL  PERFORMANCE  OF  A  CHILD  AS
DEFINED  IN  ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR FOR AN
OFFENSE DEFINED IN SECTION 255.25, 255.26 OR 255.27  OF  THE  PENAL  LAW
SHALL BE ELIGIBLE TO PARTICIPATE IN A WORK RELEASE PROGRAM AS DEFINED IN
SUBDIVISION  THREE  OF THIS SECTION. Nor shall any person under sentence
for any sex offense defined in article one hundred thirty of  the  penal
law  be  eligible  to  participate  in  a  community services program as
defined in subdivision five of this section. [Notwithstanding the  fore-
going,  no  person  who  is  an  otherwise  eligible inmate who is under
sentence for a crime involving: (a) infliction of serious physical inju-
ry upon another as defined in the penal law, (b) a sex offense involving
forcible compulsion, or (c) any  other  offense  involving  the  use  or
threatened use of a deadly weapon may participate in a temporary release
program  without  the written approval of the commissioner.] The commis-
sioner shall promulgate regulations giving direction  to  the  temporary
release committee at each institution in order to aid such committees in
[carrying  out  this mandate] DETERMINING WHICH INMATES ARE ELIGIBLE AND
APPROPRIATE TO PARTICIPATE IN THE TEMPORARY RELEASE PROGRAMS.
  The governor[, by executive order,] may NOT ISSUE OR ENFORCE ANY EXEC-
UTIVE ORDER TO exclude or  limit  the  participation  of  any  class  of
[otherwise]  eligible  inmates from participation in a temporary release
program. Nothing in this paragraph shall be construed to affect  [either
the  validity  of  any  executive  order  previously issued limiting the
participation of otherwise eligible inmates  in  such  program  or]  the
authority  of the commissioner to impose appropriate regulations [limit-
ing such participation] FOR DETERMINING WHICH INMATES ARE  ELIGIBLE  AND
APPROPRIATE  TO  PARTICIPATE IN TEMPORARY RELEASE PROGRAMS.  THE COMMIS-
SIONER SHALL PROMULGATE REGULATIONS GIVING DIRECTION TO  DEPARTMENT  AND
TRANSITIONAL  SERVICES  STAFF  WITH  REGARD  TO DEVELOPING AND PROVIDING

S. 5920                             4

PROGRAMMATIC SUPPORT TO TEMPORARY RELEASE PARTICIPANTS WITH EMPHASIS  ON
THE FIRST THREE MONTHS OF WORK RELEASE.
  S  3.  Subdivision 2 of section 851 of the correction law, as added by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. "Eligible inmate" means a person confined in an institution where a
work release program has been established who is eligible for release on
parole or who will become eligible for release  on  parole  within  [one
year] THREE YEARS.
  S 4. Subdivision 2-a of section 851 of the correction law, as added by
chapter 251 of the laws of 2002, is amended to read as follows:
  2-a. Notwithstanding subdivision two of this section, the term "eligi-
ble  inmate"  shall also include a person confined in an institution who
is eligible for release on  parole  or  who  will  become  eligible  for
release  on  parole or conditional release within [two] THREE years, and
who was convicted of a  homicide  offense  as  defined  in  article  one
hundred  twenty-five  of the penal law [or an assault offense defined in
article one hundred twenty of the penal law,] and who can demonstrate to
the commissioner that: (a) the victim of such homicide or assault was  a
member  of  the  inmate's  immediate  family  as that term is defined in
section 120.40 of the penal law or  had  a  child  in  common  with  the
inmate;  (b) the inmate was subjected to substantial physical, sexual or
psychological abuse committed by the victim of such homicide or assault;
and (c) such abuse was a substantial factor in  causing  the  inmate  to
commit  such homicide or assault. With respect to an inmate's claim that
he or she was subjected to substantial physical, sexual or psychological
abuse committed by the victim, such demonstration shall include corrobo-
rative material that may include, but is not limited to, witness  state-
ments,  social  services  records,  hospital  records,  law  enforcement
records and a showing based in part on documentation prepared at or near
the time of the commission of the offense  or  the  prosecution  thereof
tending  to  support the inmate's claim. Prior to making a determination
under this subdivision, the commissioner is required to request and take
into consideration the opinion of the district attorney  who  prosecuted
the  underlying  homicide  or  assault  offense  and  the opinion of the
sentencing court. If such opinions are received within  forty-five  days
of  the request, the commissioner shall take them into consideration. If
such opinions are not so received, the commissioner may proceed with the
determination. Any action by the commissioner pursuant to this  subdivi-
sion  shall be deemed a judicial function and shall not be reviewable in
any court.
  S 5. Subdivision 2-b of section 851 of the correction law, as added by
chapter 738 of the laws of 2004, is amended to read as follows:
  2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release,  for  purposes
of  determining eligibility for temporary release or for placement at an
alcohol and substance abuse treatment correctional  annex,  the  commis-
sioner  shall  consider and include credit for all potential credits and
reductions including but not limited to  merit  time,  ADDITIONAL  MERIT
TIME  and good behavior allowances. Nothing in this subdivision shall be
interpreted as precluding the consideration and inclusion of credit  for
all  potential  credits  and  reductions  including, but not limited to,
merit time, ADDITIONAL MERIT TIME  and  good  behavior  allowances  when
calculating  in advance for any other purpose the date on which a person
is or will be eligible for release on parole or conditional release.
  S 6. This act shall take effect immediately,  provided  however,  that
the  amendments  to  subdivision  2 of section 851 of the correction law

S. 5920                             5

made by section one of this act shall be subject to the  expiration  and
reversion of such subdivision and section pursuant to subdivision (c) of
section  46  of chapter 60 of the laws of 1994 and section 10 of chapter
339  of the laws of 1972, as amended, when upon such date the provisions
of section two of this act shall take effect; provided further, that the
amendments to subdivision 2 of section 851 of the correction law made by
section two of this act shall expire on the same date as subdivision (c)
of section 46 of chapter 60 of the laws of 1994, section 10  of  chapter
339  of  the  laws  of 1972, and section 5 of chapter 554 of the laws of
1986, as amended, expire, when upon such date the provisions of  section
three  of  this  act shall take effect; provided further that the amend-
ments to subdivisions 2-a and 2-b of section 851 of the correction  law,
made  by sections four and five of this act shall not affect the expira-
tion of such section and shall expire therewith.

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Senate Bill S5920

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Mar 7, 2012 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Mar 7, 2012

co-Sponsors

2011-S5920 (ACTIVE) - Details

2011-S5920 (ACTIVE) - Summary

2011-S5920 (ACTIVE) - Sponsor Memo

2011-S5920 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5920

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Thomas K. Duane

Suzi Oppenheimer

Kevin S. Parker

Bill Perkins

2011-S5920 (ACTIVE) - Details

2011-S5920 (ACTIVE) - Summary

2011-S5920 (ACTIVE) - Sponsor Memo

2011-S5920 (ACTIVE) - Bill Text download pdf

Comments