NY State Senate Bill 2023-S321

Senate Bill S321

2023-2024 Legislative Session

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 04, 2023	referred to codes

co-Sponsors

View additional co-sponsors

2023-S321 (ACTIVE) - Details

See Assembly Version of this Bill:: A531
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §440.45, CP L
Versions Introduced in 2021-2022 Legislative Session:: S7872, A8894

2023-S321 (ACTIVE) - Summary

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.

2023-S321 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S321

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to authorizing
certain persons confined in institutions operated by the department of
corrections and community supervision to apply for a sentence reduction

 
PURPOSE::

This bill provides incarcerated individuals who have been sentenced to
lengthy prison sentences of a decade or longer the chance to obtain a
"second look" at their sentences. These individuals will now be able to
provide post-sentencing information and mitigation from years of incar-
ceration to a judge and apply for a sentence reduction in the interests
of justice. This bill seeks to address the harms caused by New York's
history of imposing overly harsh sentences, including those required by
mandatory minimums, by allowing judges to utilize their independent
discretion in the interest of justice to reduce an individual's sentence
notwithstanding any required minimum sentence.

SUMMARY OF PROVISIONS::

Section 1. Amends the criminal procedure law by creating a new section
440.45 that allows certain individuals to apply for a sentence
reduction.

Subdivision 1 of the new section 440.45 provides the eligibility and
notice requirements for an application to reduce a sentence as well as a
right to counsel for eligible incarcerated individuals.  Individuals who
have served either ten years or half of a sentence of at least ten
years, whichever is less, are eligible to apply for a sentence
reduction. The prosecutor has discretion to deem individuals eligible
who are otherwise ineligible and to make applications on behalf of
incarcerated individuals.

Subdivision 2 of the new section 440.45 establishes accountability and
requirements for the content and review of any application. Instead of
having the same judge who initially sentenced the applicant review the
application, where possible, the administrative judge of the relevant
county must assign the application to a different judge. If requested, a
hearing must be held on the application at which the applicant and their
counsel would have a right to be present and to submit relevant
evidence.

Subdivision 3 provides that an eligible applicant's sentence must be
reduced when, after consideration of the statutory factors listed in
subdivision 4, the court determines the interests of justice warrant a
reduction. When such a reduction is warranted, the reviewing judge may
issue a sentence less than the statutory minimum sentence, and general-
ly, the reduction should allow for an applicant's release. The court
cannot increase an applicant's sentence.

Subdivision 4 creates rebuttable presumptions in favor of a sentence
reduction if an eligible applicant is 55 years of age or older or if the
eligible applicant was under 25 years of age at the time of the offense.
This subdivision also provides factors that must be considered by the
reviewing judge in making a decision on the application for a reduction.
Subdivision 5 requires the reviewing judge to provide detailed findings
of fact and reasons in writing for any decision to grant or deny an
application for a sentence reduction.

Subdivision 6 provides that any jail time or period of incarceration
already served must be credited towards any new sentence.

Subdivision 7 establishes the right to appeal.

Subdivision 8 permits the filing of successive applications.

Subdivision 9 prohibits the use of this section to impact any other
proceedings.

Subdivision 10 requires the comptroller to conduct an analysis of the
savings found from decarceration pursuant to this section and to make
recommendations to the legislature in three years regarding the diver-
sion of those savings to prison-based and community-based programs
designed to counter recidivism.

Subdivision 11 provides for data collection about the application proc-
ess to assist with transparency.

Section 2. Provides the effective date of the act.

 
JUSTIFICATION::;

New York continues to incarcerate thousands of people pursuant to
sentences of a decade or more, and most of these people are Black and
Latinx. Many were sentenced pursuant to mandatory minimums, including
two- and three-strike laws, which prohibit judges from utilizing any
discretion and considering the individual being sentenced. No mechanism
currently exists for judges to reconsider these sentences.  This Act
will provide these individuals with an opportunity to demonstrate to a
judge that they have changed and to ask for extreme and disparate
sentences to be reconsidered to account for not only the individual but
also new laws, scientific research, and norms.  Providing a second look
for these individuals not only allows New York to account for the indi-
vidual serving the sentence but saves New York the financial costs of
unnecessarily caging a person in the state prison system. These dollars
can be reinvested in community-based and prison-based programs designed
to effectively counter recidivism.

 
SOCIAL AND RACIAL JUSTICE IMPACT:

The population of individuals serving lengthy prison sentences in New
York reflects stark racial disparities - with people of color represent-
ing a disproportionately high percentage of those serving such
sentences. Not only are racial disparities reflected in the absolute
numbers of people serving such sentences, such racial disparities are
also reflected in imposition of lengthy sentences.

Statistics compiled by the NYS Division of Criminal Justice Services
show that in 2019, while Black people made up 15% of the state's popu-
lation, they accounted for 38% of arrests, 45% of felony arrests, and
48% of those sentenced to prison. Similarly, Latinx people made up 18%
of the population, yet accounted for 24% of arrests, 24% of felony
arrests, and 23% of those sentenced to prison. A 2021 report prepared by
The Sentencing Project, "The Color of Justice, Racial and Ethnic Dispar-
ity in State Prisons", found that New York had one of the highest rates
of racial disparities in imprisonment in the country - Black people are
sentenced to prison in New York at 7.9 times the rate of white people
and Latinx people are sentenced to prison in New York at 3 times the
rate of whites. The disproportionate imposition of harsh and lengthy
prison sentences on people of color has caused harm to individuals,
families, and communities. By creating opportunities for lengthy
sentences to get a second look and to be reduced if certain criteria are
met, this bill would represent an important step for New York in taking
account of and addressing the history of racially disparate sentences.

 
PRIOR LEGISLATIVE HISTORY::

SENATE:

2022: S7872 (Salazar)- Referred to Codes

ASSEMBLY:

2022: A8894 (Walker)- Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

To be determined, though it is likely that by reducing rates of incar-
ceration and by increasing the availability of educational and job
opportunities, this legislation will save the State money (the cost of
incarceration) and will increase tax revenue.

 
EFFECTIVE DATE::

Immediately after becoming law.

2023-S321 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    321
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  SALAZAR, BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
   GIANARIS,  HOYLMAN,  JACKSON,  MAY,  MYRIE,  PERSAUD,  RAMOS,  RIVERA,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   certain persons confined in institutions operated by the department of
   corrections   and  community  supervision  to  apply  for  a  sentence
   reduction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  criminal  procedure law is amended by adding a new
 section 440.45 to read as follows:
 § 440.45 APPLICATION FOR SENTENCE REDUCTION.
   1. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY MINI-
 MUM SENTENCE REQUIREMENT, ANY PERSON CONFINED IN AN INSTITUTION OPERATED
 BY THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  WHO  HAS
 SERVED  TEN  YEARS OF THEIR SENTENCE, OR ONE-HALF OF THE MINIMUM TERM OF
 AN INDETERMINATE SENTENCE WHERE THE MINIMUM TERM EQUALS OR  EXCEEDS  TEN
 YEARS,  OR  ONE-HALF OF A DETERMINATE SENTENCE WHERE THE SENTENCE EQUALS
 OR EXCEEDS TEN YEARS, WHICHEVER IS LESS, MAY APPLY FOR  A  REDUCTION  OF
 THEIR  SENTENCE  PURSUANT  TO  THE  PROVISIONS  OF THIS STATUTE. FOR THE
 PURPOSES OF THIS SUBDIVISION, THE  TERM  "SENTENCE"  SHALL  INCLUDE  ANY
 AGGREGATE SENTENCE WHERE CONSECUTIVE SENTENCES ARE IMPOSED.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION, AN OTHERWISE
 INELIGIBLE PERSON SHALL BE DEEMED ELIGIBLE TO APPLY FOR A  REDUCTION  IN
 SENTENCE  UPON  CONSENT  OF  THE  PROSECUTOR  IN THE UNDERLYING CRIMINAL
 ACTION IN WHICH THE SENTENCE WAS IMPOSED.
   (C) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE  PROSECUTOR
 IN  THE  UNDERLYING  CRIMINAL ACTION IN WHICH A SENTENCE WAS IMPOSED MAY
 INITIATE AN APPLICATION FOR RESENTENCING ON BEHALF OF  THE  INCARCERATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00647-02-3
 S. 321                              2
 
 INDIVIDUAL  AND  UPON  SUCH APPLICATION AN ATTORNEY SHALL BE ASSIGNED TO
 REPRESENT THE INCARCERATED INDIVIDUAL IN PROCEEDINGS  PURSUANT  TO  THIS
 SECTION.
   (D)  NO  WAIVER  OF  THE  RIGHT  TO MAKE AN APPLICATION FOR A SENTENCE
 REDUCTION UNDER THIS SECTION  SHALL  BE  PERMITTED  OR  HONORED  BY  THE
 SENTENCING  COURT.  ANY SUCH WAIVER SHALL BE DEEMED VOID AND UNENFORCEA-
 BLE.
   (E) NO LESS THAN THIRTY DAYS BEFORE  THE  DATE  ON  WHICH  THE  PERSON
 BECOMES  ELIGIBLE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO APPLY
 FOR A SENTENCE REDUCTION, THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION  SHALL  PROVIDE  WRITTEN  NOTICE  OF  THIS  SECTION  AND ITS
 PROVISIONS TO:
   (I) THE DEFENDANT;
   (II) THE ATTORNEY OF RECORD;
   (III) THE ADMINISTRATOR OF THE COUNTY PANEL ESTABLISHED  FOR  PURPOSES
 OF  THE  ADMINISTRATION  OF ARTICLE EIGHTEEN-B OF THE COUNTY LAW AND ALL
 INSTITUTIONAL OFFICES THAT PROVIDE CRIMINAL DEFENSE SERVICES WITHIN  THE
 COUNTY IN WHICH THE SENTENCE WAS IMPOSED;
   (IV) PRISONERS' LEGAL SERVICES OF NEW YORK;
   (V) THE SENTENCING COURT; AND
   (VI)  THE  PROSECUTOR  IN  THE UNDERLYING CRIMINAL ACTION IN WHICH THE
 SENTENCE WAS IMPOSED.
   (F) A PERSON WHO IS ELIGIBLE FOR A SENTENCE REDUCTION PURSUANT TO THIS
 SUBDIVISION MAY REQUEST THAT THE COURT ASSIGN HIM OR HER AN ATTORNEY FOR
 THE PREPARATION OF AND PROCEEDINGS ON THE APPLICATION  FOR  RESENTENCING
 PURSUANT  TO  THIS SECTION. THE ATTORNEY SHALL BE ASSIGNED IN ACCORDANCE
 WITH THE PROVISIONS OF SUBDIVISION ONE OF SECTION SEVEN  HUNDRED  SEVEN-
 TEEN  AND  SUBDIVISION  FOUR  OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE
 COUNTY LAW AND THE RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH  LAW
 FOR  THE  APPLICATION  AND ANY PROCEEDINGS UNDER THIS SECTION, INCLUDING
 ANY APPEAL AND SUCCESSIVE APPLICATION. THE COURT SHALL NOTIFY THE APPLI-
 CANT ABOUT THE APPOINTMENT OF COUNSEL.
   2. (A) AN APPLICATION FOR A  SENTENCE  REDUCTION  UNDER  THIS  SECTION
 SHALL BE FILED IN THE COUNTY IN WHICH THE SENTENCE WAS IMPOSED TO REDUCE
 THE  SENTENCE  OF THE APPLICANT PURSUANT TO THIS SECTION AND MAY INCLUDE
 AFFIDAVITS,  LETTERS,  DECLARATIONS,  RECORDS  FROM  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY SUPERVISION, VIDEO SUBMISSIONS, OR ANY OTHER
 WRITTEN OR ELECTRONIC MATERIAL.
   (B) UPON  THE  COURT'S  RECEIPT  OF  AN  APPLICATION  FOR  A  SENTENCE
 REDUCTION,  THE  COURT  SHALL PROMPTLY NOTIFY THE APPROPRIATE PROSECUTOR
 AND PROVIDE SUCH PROSECUTOR WITH A COPY OF THE APPLICATION.
   (C) AN APPLICATION FILED PURSUANT TO THIS SECTION  SHALL  BE  RANDOMLY
 ASSIGNED  BY  THE ADMINISTRATIVE JUDGE DESIGNATED BY THE OFFICE OF COURT
 ADMINISTRATION WITH JURISDICTION OVER THE COUNTY WHERE  THE  APPLICATION
 IS  FILED  TO  ANY SUPERIOR COURT JUDGE WITH CRIMINAL JURISDICTION OTHER
 THAN THE JUDGE WHO FIRST SENTENCED THE APPLICANT UNLESS  THE  JUDGE  WHO
 FIRST SENTENCED THE APPLICANT IS THE ONLY JUDGE IN THAT COUNTY.
   (D)  AN APPLICATION FILED UNDER THIS SECTION MAY BE AMENDED OR SUPPLE-
 MENTED AS NECESSARY.
   (E) AFTER THE FILING OF AN APPLICATION TO REDUCE A SENTENCE UNDER THIS
 SECTION, THE COURT MAY DIRECT  THE  PARTIES  TO  EXPAND  THE  RECORD  BY
 SUBMITTING ADDITIONAL WRITTEN MATERIALS RELATING TO THE APPLICATION.
   (F)  (I)  THE COURT SHALL, UPON REQUEST OF THE APPLICANT OR THE PROSE-
 CUTING OFFICE, CONDUCT A HEARING ON THE APPLICATION, AT WHICH THE APPLI-
 CANT AND COUNSEL FOR THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO  BE
 HEARD.  SUCH HEARING SHALL BE RECORDED OR TRANSCRIBED. THE APPLICANT HAS
 S. 321                              3
 
 THE  RIGHT TO BE PRESENT AT ANY SUCH HEARING UNLESS THE APPLICANT WAIVES
 THE RIGHT TO BE PRESENT IN WRITING.
   (II)  IN A HEARING PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE
 COURT SHALL ALLOW PARTIES TO PRESENT ANY EVIDENCE PERTINENT TO THE ISSUE
 OF A SENTENCE REDUCTION AND THE FACTORS OUTLINED  IN  PARAGRAPH  (B)  OF
 SUBDIVISION  FOUR  OF THIS SECTION. SUCH EVIDENCE MAY INCLUDE DOCUMENTS,
 LIVE TESTIMONY, TANGIBLE OBJECTS, OR ANY  OTHER  CLASS  OF  EVIDENCE  OR
 INFORMATION  PERTINENT  TO  SENTENCING.  AT  SUCH HEARING, THE APPLICANT
 SHALL HAVE THE RIGHT TO  MAKE  A  STATEMENT  PERSONALLY,  ON  THEIR  OWN
 BEHALF,  IN  THE  SAME  MANNER AS PROVIDED IN SUBDIVISION ONE OF SECTION
 380.50 OF THIS PART.
   3. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  A  COURT  SHALL
 REDUCE A TERM OF IMPRISONMENT IMPOSED UPON A DEFENDANT IF:
   (I)  THE  APPLICANT  IS  ELIGIBLE  PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION; AND
   (II) THE COURT FINDS, AFTER  CONSIDERING  THE  FACTORS  SET  FORTH  IN
 SUBDIVISION  FOUR OF THIS SECTION, THAT THE INTERESTS OF JUSTICE WARRANT
 A SENTENCE MODIFICATION.
   (B) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN  REDUCING  AN
 APPLICANT'S  SENTENCE UNDER THIS SECTION, THE COURT MAY ISSUE A SENTENCE
 LESS THAN THE MINIMUM TERM OTHERWISE REQUIRED BY ARTICLE SEVENTY OF  THE
 PENAL  LAW.  OTHERWISE,  THE APPLICABLE PROVISIONS IN ARTICLE SEVENTY OF
 THE PENAL LAW IN EFFECT AT THE TIME  OF  THE  SENTENCE  REDUCTION  SHALL
 APPLY.
   (II)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WHEN REDUCING AN
 APPLICANT'S SENTENCE UNDER THIS SECTION, THE COURT MAY ISSUE A  SENTENCE
 TO  BE  SERVED CONCURRENTLY TO ANY OTHER SENTENCE OF IMPRISONMENT, BEING
 SERVED BY THE APPLICANT.
   (III) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  WHEN  REDUCING  AN
 APPLICANT'S  SENTENCE  UNDER  THIS  SECTION,  THE COURT MAY SENTENCE THE
 APPLICANT TO A LESS THAN MINIMUM TERM OF  SUPERVISED  RELEASE  OTHERWISE
 REQUIRED BY LAW.
   (C) IN ORDERING A SENTENCE REDUCTION, THE COURT SHALL, UNLESS COUNTER-
 VAILING  CONSIDERATIONS REQUIRE, REDUCE THE APPLICANT'S SENTENCE SO THAT
 THE APPLICANT WILL BE ELIGIBLE FOR IMMEDIATE RELEASE FROM  PRISON  AFTER
 THE NECESSARY CALCULATIONS.
   (D)  THE  COURT  MAY NOT INCREASE ANY APPLICANT'S SENTENCE, AND IF THE
 ORIGINAL JUDGMENT WAS THE  RESULT  OF  A  PLEA  AGREEMENT,  RESENTENCING
 PURSUANT  TO  THIS SECTION SHALL NOT CONSTITUTE GROUNDS FOR A PROSECUTOR
 OR THE COURT TO WITHDRAW THEIR AGREEMENT TO THE ORIGINAL PLEA AGREEMENT.
   4. (A) THERE SHALL BE A REBUTTABLE PRESUMPTION  THAT  THE  APPLICANT'S
 SENTENCE SHALL BE REDUCED IN THE CASE OF:
   (I)  AN  APPLICANT WHO IS FIFTY-FIVE YEARS OF AGE OR OLDER ON THE DATE
 ON WHICH THE APPLICANT FILES AN APPLICATION  FOR  A  SENTENCE  REDUCTION
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION; OR
   (II) AN APPLICANT WHO WAS TWENTY-FIVE YEARS OLD OR YOUNGER ON THE DATE
 ON  WHICH  THE APPLICANT COMMITTED THE OFFENSE OR OFFENSES FOR WHICH THE
 APPLICANT IS IMPRISONED.
   (B) THE COURT, IN DETERMINING WHETHER TO REDUCE A TERM OF IMPRISONMENT
 PURSUANT TO SUBDIVISION  THREE  OF  THIS  SECTION,  SHALL  CONSIDER  THE
 FOLLOWING FACTORS:
   (I)  THE  HISTORY  AND CHARACTERISTICS OF THE APPLICANT AT THE TIME OF
 THE APPLICATION FOR A REDUCTION IN SENTENCE, INCLUDING BUT  NOT  LIMITED
 TO:
   (1)  ANY HISTORY OF ABUSE, TRAUMA, OR INVOLVEMENT IN THE CHILD WELFARE
 SYSTEM;
 S. 321                              4
 
   (2) THE POTENTIAL BENEFITS TO CHILDREN AND FAMILY MEMBERS OF  REUNIFI-
 CATION WITH THE APPLICANT;
   (3) REHABILITATION DEMONSTRATED BY THE APPLICANT;
   (4) THE APPLICANT'S RECORDS WHILE INCARCERATED; AND
   (5)  THE  APPLICANT'S EFFORTS TO PARTICIPATE IN EDUCATIONAL, THERAPEU-
 TIC, AND VOCATIONAL OPPORTUNITIES WHILE INCARCERATED TO THE EXTENT  SUCH
 PROGRAMS  WERE AVAILABLE; PROVIDED HOWEVER THAT THE FACT THAT THE APPLI-
 CANT MAY HAVE BEEN UNABLE TO PARTICIPATE IN TREATMENT OR OTHER  PROGRAM-
 MING  WHILE  INCARCERATED  DESPITE SUCH APPLICANT'S WILLINGNESS TO DO SO
 SHALL NOT BE CONSIDERED A NEGATIVE FACTOR IN DETERMINING AN  APPLICATION
 PURSUANT TO THIS SECTION;
   (II)  THE CIRCUMSTANCES OF THE OFFENSE, INCLUDING THE APPLICANT'S ROLE
 IN ITS COMMISSION, WHETHER THE APPLICANT  WAS  UNDER  THE  INFLUENCE  OF
 ANOTHER, AND WHETHER THERE IS ANY OTHER FACTOR THAT WOULD TEND TO DIMIN-
 ISH THE APPLICANT'S CULPABILITY;
   (III)  ANY  REPORT FROM A PHYSICAL, MENTAL, OR PSYCHIATRIC EXAMINATION
 OF THE APPLICANT CONDUCTED BY A LICENSED HEALTHCARE PROFESSIONAL;
   (IV) ANY STATEMENT OFFERED IN RESPONSE  TO  THIS  APPLICATION  BY  ANY
 VICTIM OF AN OFFENSE FOR WHICH THE APPLICANT IS IMPRISONED OR BY A FAMI-
 LY MEMBER OF THE VICTIM IF THE VICTIM IS DECEASED;
   (V)  ANY  EVIDENCE  CONCERNING  WHETHER  THE  APPLICANT'S SENTENCE WAS
 ENHANCED BECAUSE THE APPLICANT EXERCISED THEIR CONSTITUTIONAL RIGHT TO A
 TRIAL, INCLUDING BUT NOT LIMITED TO, EVIDENCE CONCERNING THE PLEA OFFERS
 MADE PRIOR TO THE TRIAL;
   (VI) ANY PRESENTATION OF ARGUMENT AND  EVIDENCE  BY  COUNSEL  FOR  THE
 APPLICANT OR BY THE APPLICANT;
   (VII) ANY PRESENTATION OF ARGUMENT AND EVIDENCE BY THE PROSECUTOR; AND
   (VIII)  THE  FINANCIAL  COST  OF  CONTINUED INCARCERATION TO THE STATE
 AND/OR LOCALITIES.
   5. A  WRITTEN  ORDER  DETERMINING  AN  APPLICATION  FOR  REDUCTION  OF
 SENTENCE  SHALL  ISSUE  FORTHWITH AND IN NO EVENT LATER THAN THIRTY DAYS
 AFTER ANY HEARING OR AFTER ALL SUBMISSIONS HAVE BEEN FILED IF NO HEARING
 IS HELD.  SUCH AN ORDER SHALL INCLUDE DETAILED WRITTEN FINDINGS OF  FACT
 AND THE REASONS FOR GRANTING OR DENYING THE APPLICATION.
   6. IN CALCULATING ANY NEW SENTENCE TO BE SERVED BY THE APPLICANT, SUCH
 APPLICANT  SHALL  BE  CREDITED  FOR  ANY  JAIL TIME CREDITED TOWARDS THE
 SUBJECT CONVICTIONS AS WELL AS  ANY  PERIOD  OF  INCARCERATION  CREDITED
 TOWARD THE SENTENCE OR SENTENCES ORIGINALLY IMPOSED.
   7.  AN  APPEAL  MAY BE TAKEN AS OF RIGHT IN ACCORDANCE WITH APPLICABLE
 PROVISIONS OF THIS CHAPTER:
   (A) FROM AN ORDER DENYING THE APPLICATION FOR A SENTENCE REDUCTION; OR
   (B) FROM A NEW SENTENCE IMPOSED UNDER THIS SECTION AND MAY BE BASED ON
 THE GROUNDS THAT:
   (I) THE TERM OF THE NEW SENTENCE IS HARSH OR EXCESSIVE; OR
   (II) THE TERM OF THE NEW SENTENCE IS UNAUTHORIZED AS A MATTER OF LAW.
   8. THE APPLICANT SHALL BE PERMITTED TO  FILE  SUCCESSIVE  APPLICATIONS
 AND SUCH APPLICATIONS SHALL NOT BE CONSIDERED MORE THAN ONCE EVERY THREE
 YEARS.
   9.  (A)  THIS  SECTION SHALL NOT BE CONSTRUED TO ABRIDGE OR MODIFY ANY
 EXISTING REMEDY AN INCARCERATED INDIVIDUAL MAY HAVE UNDER HABEAS CORPUS,
 STATUTORY OR JUDICIAL POSTCONVICTION RELIEF, OR ANY OTHER  LEGAL  FRAME-
 WORK.
   (B)  AN  APPLICATION UNDER THIS SECTION SHALL NOT IMPACT IN ANY WAY OR
 BE IMPACTED IN ANY WAY BY ANY PENDING  HABEAS  OR  OTHER  POSTCONVICTION
 PROCEEDING,  NOR  SHALL  THE DENIAL OF AN APPLICATION UNDER THIS SECTION
 PRECLUDE SUCH REMEDIES FROM BEING GRANTED.
 S. 321                              5
 
   10. IN THREE YEARS, THE  COMPTROLLER  SHALL  CONDUCT  AN  ANALYSIS  OF
 SAVINGS  FOUND  FROM DECARCERATION AND SHALL MAKE RECOMMENDATIONS TO THE
 LEGISLATURE REGARDING DIVERTING SUCH SAVINGS TO  FUND  PRISON-BASED  AND
 COMMUNITY-BASED  PROGRAMS  DESIGNED TO COUNTER RECIDIVISM THROUGH EDUCA-
 TION,  THERAPEUTIC  INTERVENTION,  MAINTENANCE  OF  FAMILIAL  AND SOCIAL
 NETWORKS, RESTORATIVE JUSTICE PRACTICES FOR  SURVIVORS  OF  CRIMES,  AND
 SUCCESSFUL POST-CUSTODIAL RE-ENTRY TO SOCIETY.
   11.  (A)  THE  CLERK OF THE COURT UPON DETERMINATION OF AN APPLICATION
 FILED PURSUANT TO THIS SECTION SHALL REPORT THE FOLLOWING INFORMATION TO
 THE OFFICE OF COURT ADMINISTRATION:
   (I) THE NAME, DEPARTMENT  IDENTIFICATION  NUMBER,  AND  RACE  OF  EACH
 INCARCERATED INDIVIDUAL WHO HAS BEEN DENIED OR GRANTED RESENTENCING;
   (II)  HOW  MANY  YEARS  OF  IMPRISONMENT  EACH INCARCERATED INDIVIDUAL
 SERVED AT THE TIME OF THE APPLICATION;
   (III) ANY NEW SENTENCE IF APPLICABLE;
   (IV) THE COUNTY AND THE NAME OF THE JUDGE DECIDING THE APPLICATION;
   (V) WHETHER THE PROSECUTOR CONSENTED, OPPOSED OR TOOK NO  POSITION  ON
 THE APPLICATION; AND
   (VI)  IF  ANY  PRIOR APPLICATIONS HAD BEEN SUBMITTED AND THE DATE SUCH
 APPLICATIONS WERE DECIDED.
   (B) THE OFFICE OF COURT ADMINISTRATION SHALL PROVIDE AN ANNUAL COLLEC-
 TIVE REPORT CONTAINING THE INFORMATION RECEIVED FROM THE CLERKS  OF  THE
 COURT  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO THE GOVERNOR AND
 LEGISLATURE.
   § 2. Any applicant who is immediately eligible to apply for a sentence
 reduction pursuant to section 440.45 of the criminal procedure law shall
 be provided the notice required pursuant to paragraph (d) of subdivision
 1 of such section within sixty days of the effective date of this act.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 offenses committed prior to, on or after the effective date of this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.