S T A T E O F N E W Y O R K
________________________________________________________________________
2730
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sens. GRIFFO, DeFRANCISCO, FUNKE, GOLDEN, LARKIN, RANZEN-
HOFER, RITCHIE, SAVINO, SERINO, SEWARD, VALESKY -- 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02065-01-7
S. 2730 2
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,
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.
§ 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.
§ 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. 2730 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 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.
§ 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.
