Senate Bill S2920A

2023-2024 Legislative Session

Expands prison work release program eligibility and participation

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Current Bill Status - In Senate Committee Rules 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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Bill Amendments

2023-S2920 - Details

See Assembly Version of this Bill:
A7741
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5920
2013-2014: S1415
2015-2016: S1014
2017-2018: S4445
2019-2020: S806
2021-2022: S4835

2023-S2920 - Summary

Expands prison work release program eligibility and participation.

2023-S2920 - Sponsor Memo

2023-S2920 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2920
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN ACT to amend the correction law, in relation to expanding prison work
   release program eligibility and participation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 851  of  the  correction  law,  as
 amended by section 228 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   2.  "Eligible  incarcerated individual" means: a person confined in an
 institution who is eligible for release on parole  or  who  will  become
 eligible for release on parole or conditional release within [two] THREE
 years.    Provided, however, that a person under sentence for an offense
 defined in paragraphs (a) and (b) of subdivision one of section 70.02 of
 the penal law, where such offense involved the use or threatened use  of
 a deadly weapon or dangerous instrument shall not be eligible to partic-
 ipate  in a work release program until he or she is eligible for release
 on parole or who will be eligible for release on parole  or  conditional
 release  within  [eighteen]  THIRTY  months. Provided, further, however,
 that a person under a determinate  sentence  as  a  second  felony  drug
 offender  for  a  class  B felony offense defined in article two hundred
 twenty of the penal law, who was sentenced pursuant to section 70.70  of
 such  law,  shall  not be eligible to participate in a temporary release
 program until the time served under imprisonment for his or her determi-
 nate  sentence,  including  any  jail  time  credited  pursuant  to  the
 provisions  of article seventy of the penal law, shall be at least eigh-
 teen months. In the case of a person serving an  indeterminate  sentence
 of  imprisonment  imposed  pursuant  to  the  penal  law in effect after
 September one, nineteen hundred sixty-seven, for the  purposes  of  this
 article  parole  eligibility shall be upon the expiration of the minimum
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07516-01-3
              

2023-S2920A (ACTIVE) - Details

See Assembly Version of this Bill:
A7741
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5920
2013-2014: S1415
2015-2016: S1014
2017-2018: S4445
2019-2020: S806
2021-2022: S4835

2023-S2920A (ACTIVE) - Summary

Expands prison work release program eligibility and participation.

2023-S2920A (ACTIVE) - Sponsor Memo

2023-S2920A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2920--A
     Cal. No. 711
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- reported favorably from said committee, ordered to first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the correction law, in relation to expanding prison work
   release program eligibility and participation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 851 of the correction law, as
 amended by section 228 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   2. "Eligible incarcerated individual" means: a person confined  in  an
 institution  who  is  eligible  for release on parole or who will become
 eligible for release on parole or conditional release within [two] THREE
 years.  Provided, however, that a person under sentence for  an  offense
 defined in paragraphs (a) and (b) of subdivision one of section 70.02 of
 the  penal law, where such offense involved the use or threatened use of
 a deadly weapon or dangerous instrument shall not be eligible to partic-
 ipate in a work release program until he or she is eligible for  release
 on  parole  or who will be eligible for release on parole or conditional
 release within [eighteen] THIRTY  months.  Provided,  further,  however,
 that  a  person  under  a  determinate  sentence as a second felony drug
 offender for a class B felony offense defined  in  article  two  hundred
 twenty  of the penal law, who was sentenced pursuant to section 70.70 of
 such law, shall not be eligible to participate in  a  temporary  release
 program until the time served under imprisonment for his or her determi-
 nate  sentence,  including  any  jail  time  credited  pursuant  to  the
 provisions of article seventy of the penal law, shall be at least  eigh-
 teen  months.  In the case of a person serving an indeterminate sentence
 of imprisonment imposed pursuant  to  the  penal  law  in  effect  after
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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