NY State Senate Bill 2015-S2720

Senate Bill S2720

2015-2016 Legislative Session

Authorizes 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

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2016	referred to correction delivered to assembly passed senate
Mar 28, 2016	advanced to third reading
Mar 23, 2016	2nd report cal.
Mar 22, 2016	1st report cal.427
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 02, 2015	referred to correction delivered to assembly passed senate
May 27, 2015	ordered to third reading cal.980 committee discharged and committed to rules
Jan 28, 2015	referred to codes

Votes

- May 16, 2016 - Floor Vote
  S2720
  
  46
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 16, 2016
      
      aye (46)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (14)
      
      Comrie
      
      Dilan
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      excused (3)
      
      Diaz
      
      Nozzolio
      
      Seward
  Jun 2, 2015 - Floor Vote
  S2720
  
  51
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2015
      
      aye (51)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Savino
      
      Serino
      
      Seward
      
      Skelos
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (10)
      
      Comrie
      
      Dilan
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      excused (2)
      
      Hassell-Thompson
      
      Libous
  May 27, 2015 - Rules Committee Vote
  S2720
  
  21
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 27, 2015
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (2)
      
      Krueger
      
      Montgomery
      
      aye wr (1)
      
      Perkins
      
      excused (1)
      
      Hassell-Thompson
  Mar 22, 2016 - Codes Committee Vote
  S2720
  
  11
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 22, 2016
      
      aye (11)
      
      Akshar
      
      Boyle
      
      Espaillat
      
      Gallivan
      
      Golden
      
      Griffo
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Savino
      
      Venditto
      
      nay (4)
      
      Hamilton
      
      Krueger
      
      Perkins
      
      Squadron
      
      aye wr (1)
      
      Panepinto

co-Sponsors

View additional co-sponsors

2015-S2720 (ACTIVE) - Details

See Assembly Version of this Bill:: A2411
Current Committee:: Assembly Correction
Law Section:: Penal Law
Laws Affected:: Amd §70.40, Pen L; amd §803, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6020, A8915
2013-2014: S3871, A2618
2017-2018: S2730, A2392
2019-2020: S4734
2021-2022: S4197
2023-2024: S3273

2015-S2720 (ACTIVE) - Summary

Authorizes the state board of parole to require a violent felony offender to serve his or her 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.

2015-S2720 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2720

TITLE OF BILL:

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

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
chapter 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
chapter 62 of the laws of 2011, 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
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
incarceration.

Section Five: Sets forth the effective date.

EXISTING LAW:

Under existing law, conditional release is a statutory type of release
that the Board of Parole does not have discretion to grant or deny,
Under indeterminate sentencing guidelines, when there is a minimum and


maximum sentence imposed, the inmate must serve 2/3 of their maximum
sentence with no loss of good time. Under determinate sentencing
guidelines, where there is a flat length of time, the inmate must
serve 6/7 of their sentence, and have no loss of good time.

JUSTIFICATION:

The recent 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 transcripts to the parole board stating "Society is safer
with me in prison. 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
lowlife 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:

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

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediate with provisions.

2015-S2720 (ACTIVE) - Bill Text download pdf

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

                                  2720

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sens.  GRIFFO,  DeFRANCISCO,  FUNKE,  LARKIN,  NOZZOLIO,
  RITCHIE, SAVINO, SERINO, SEWARD -- 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  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

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

S. 2720                             2

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 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:

S. 2720                             3

  (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.

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