Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 21, 2014 |
referred to correction |
Assembly Bill A9357
2013-2014 Legislative Session
Sponsored By
O'DONNELL
Archive: Last Bill Status - In Assembly 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
Actions
2013-A9357 (ACTIVE) - Details
2013-A9357 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9357 I N A S S E M B L Y April 21, 2014 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Correction AN ACT to amend the correction law and the penal law, in relation to eligibility for shock incarceration THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading of section 806 of the correction law, as added by section 5 of part E of chapter 62 of the laws of 2003, is amended and a new subdivision 8 is added to read as follows: Presumptive release program [for nonviolent inmates]. 8. NOTWITHSTANDING ANY OTHER SUBDIVISION OF THIS SECTION AN INMATE WHO SUCCESSFULLY COMPLETES A SHOCK INCARCERATION PROGRAM SHALL BE ELIGIBLE FOR PRESUMPTIVE RELEASE PURSUANT TO SECTION EIGHT HUNDRED SIXTY-SEVEN OF THIS CHAPTER OR SECTION 70.40 OF THE PENAL LAW. S 2. Section 865 of the correction law, as added by chapter 261 of the laws of 1987, subdivision 1 as amended by chapter 377 of the laws of 2010 and subdivision 2 as amended by section 2 of part L of chapter 56 of the laws of 2009, is amended to read as follows: S 865. Definitions. As used in this article, the following terms mean: 1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within [three] FIVE years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within [three] FIVE years, who has not reached the age of [fifty] FIFTY-SIX years, who has not previously been convicted of a violent felony as defined in article seventy of the penal law, or a felony in any other jurisdiction which includes all of the essential elements of any such violent felony, upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and [fifty] FIFTY-FIVE years at the time of commission of the crime upon which his or her present sentence was based. Notwithstanding the foregoing, no person who is convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a [violent felony offense as defined in article seventy of the penal law,] VIOLENT FELONY OFFENSE AS DEFINED IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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