S T A T E   O F   N E W   Y O R K
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                                  2411

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced by M. of A. BRINDISI, CROUCH -- read once and referred to the
  Committee on Correction

AN  ACT  to  amend  the  penal  law,  in relation to denial of parole to
  certain inmates who have been convicted of a  violent  felony  offense
  when the state board of parole finds, by convincing evidence, that the
  release  of  such inmate 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 so requests, be
conditionally  released  from  the  institution  in  which  he or she is
confined when the total good behavior time allowed to him or her, pursu-
ant to the provisions of the correction law, is equal  to  the  unserved
portion  of  his  or  her  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  imprisonment  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 SERV-
ING  ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT FELONY
OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03471-01-5
              

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WOULD POSE AN IMMINENT THREAT TO  SOCIETY,  SUCH  PERSON  SHALL  NOT  BE
CONDITIONALLY RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR
HER  TERM,  MAXIMUM  TERM  OR AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE
GREATEST.  The conditions of release, including those governing post-re-
lease supervision, shall be such as may be imposed by the state board of
parole in accordance 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.
  S 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  so  requests,  be  condi-
tionally  released  from  the institution in which he or she is confined
when the total good behavior time allowed to him or her, pursuant to the
provisions of the correction law, is equal to the  unserved  portion  of
his or her 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  CONDI-
TIONALLY  RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR HER
MAXIMUM TERM OR AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE GREATER.  The
conditions  of  release,  including  those governing post-release super-
vision, shall be such as may be imposed by the state board of parole  in
accordance with the provisions of the executive 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.
  S  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 sentence 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 institu-
tional 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 INCARCERATION.
  S  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:

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  (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 sentence not to exceed in the aggre-
gate one-third of the term or period imposed by the court.  Such  allow-
ances  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.
  S  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.