Assembly Bill A8313

2019-2020 Legislative Session

Relates to earned reduction of supervision

download bill text pdf

Sponsored By

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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2019-A8313 (ACTIVE) - Details

See Senate Version of this Bill:
S6490
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §70.46, Pen L

2019-A8313 (ACTIVE) - Summary

Relates to earned reduction of supervision.

2019-A8313 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8313
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to earned reduction of super-
   vision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section  70.46  to
 read as follows:
 § 70.46 EARNED REDUCTION OF SUPERVISION.
   1. AFTER A PERIOD OF PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE,
 OR  POST-RELEASE  SUPERVISION HAS COMMENCED PURSUANT TO SECTION 70.40 OR
 70.45 OF THIS ARTICLE, SUCH PERIOD SHALL BE REDUCED BY THIRTY DAYS  UPON
 THE  COMPLETION  OF  EACH  UNINTERRUPTED ONE-MONTH PERIOD OF PRESUMPTIVE
 RELEASE, PAROLE, CONDITIONAL RELEASE, OR POST-RELEASE SUPERVISION SERVED
 THEREAFTER, PROVIDED THE PERSON IS NOT SUBJECT TO ANY  SENTENCE  WITH  A
 MAXIMUM  TERM  OF  LIFE  IMPRISONMENT,  OR  ANY  SENTENCE IMPOSED FOR AN
 OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED  SIXTY-THREE,
 FOUR  HUNDRED  EIGHTY-FIVE OR FOUR HUNDRED NINETY OF THIS CHAPTER, OR AN
 ATTEMPT OR A CONSPIRACY TO COMMIT ANY SUCH OFFENSE.
   2. NO REDUCTION SHALL BE GRANTED PURSUANT TO THIS SUBDIVISION FOR:
   (A) THE SERVICE OF LESS THAN AN UNINTERRUPTED ONE-MONTH PERIOD; OR
   (B) THE ONE-MONTH IMMEDIATELY PRECEDING THE COMPLETION OF A PERIOD  OF
 COMMUNITY SUPERVISION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   3.  THE  ONE-MONTH  PERIOD SHALL NOT COMMENCE OR CONTINUE TO RUN WHILE
 THE PERSON HAS BEEN DECLARED DELINQUENT OR WHILE THE PERSON IS IN CUSTO-
 DY RELATED TO A SEPARATE CONVICTION OR ADJUDICATION. IN SUCH  CASE,  THE
 NEXT ONE-MONTH PERIOD SHALL COMMENCE UPON THE PERSON'S NEXT RELEASE FROM
 CUSTODY.
   4.  A  SUSTAINED  FINDING OF A VIOLATION OF A CONDITION OF SUPERVISION
 SHALL INTERRUPT THE RUNNING OF THE ONE-MONTH PERIOD RETROACTIVELY TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13330-01-9

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