NY State Senate Bill 2021-S4197

Senate Bill S4197

2021-2022 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 Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 02, 2021	referred to codes

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2021-S4197 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.40, Pen L; amd §803, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6020
2013-2014: S3871
2015-2016: S2720
2017-2018: S2730
2019-2020: S4734
2023-2024: S3273

2021-S4197 (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.

2021-S4197 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4197

SPONSOR: GRIFFO
 
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 chap-
ter 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 chap-
ter 62 of the laws of 2011, is amended to provide that any time allow-
ance 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 incar-
ceration.

Section Five: Sets forth the effective date.

 
JUSTIFICATION:

The 2011 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 tran-
scripts to the parole board stating, "Society is safer with me in pris-
on. 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:

2019-20 - S. 4734 - Codes Committee.

2017-18 - S. 2730 - /Passed Senate/A. 2392 - Correction Committee.

2015-16 - S. 2720 - Passed Senate/A. 2411 - Correction Committee.

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

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediate w/provisions.

2021-S4197 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4197
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced by Sens. GRIFFO, AKSHAR, HELMING, RITCHIE, SERINO, TEDISCO --
   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.

                                                            LBD04286-01-1

 S. 4197                             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.
   § 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.
   § 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. 4197                             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.
   §  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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