NY State Senate Bill 2023-S4916

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Feb 17, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S4916 (ACTIVE) - Details

See Assembly Version of this Bill:: A6481
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7685, A9558
2021-2022: S2218, A7587
2025-2026: S7029, A3688

2023-S4916 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

2023-S4916 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4916

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to expanding prison work
release program eligibility and participation

 
PURPOSE:

To make people who have committed certain crimes ineligible for tempo-
rary release while expanding eligibility for people who do not pose a
public safety risk.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 851 of the correction law, as
amended by chapter 60 of-the laws of 1994, the opening paragraph as
amended by chapter 320 of the laws of 2406, and the closing paragraph as
amended by section 42 of subpart B of part C of chapter 62 of the laws
of 2011 by changing the definition of "eligible inmate" Persons ineligi-
ble for work release was expanded to include people committed specific

sex crimes and acts of terrorism or incest.  Discretion to decide eligi-
bility and participation was restored to DOCCS and the legislature.

Section 2: Amends subdivision 2 of section 851 of the correction law, as
amended by chapter 447 of the laws of 1991, the opening paragraph as
amended by chapter 252 of the laws of 2005, and the closing paragraph as
amended by section 43 of subpart B of part C of chapter 62 of the laws
of 2011 by expanding the list of ineligible incarcerated individuals.

Section 3: Amends subdivision 2-a of section 851 of the correction law,
as amended by chapter 322 of the laws of 2021 by expanding the defi-
nition of "eligible incarcerated individual" to include those persons
who will become eligible for parole or conditional release within two
years.

Section 4: Amends subdivision 2-b of section 851 of the correction law,
as added by chapter 738 of the laws of 2004 to include additional merit
time in calculating a person's eligibility date for parole or condi-
tional release.

Section 5 provides an effective date.

 
JUSTIFICATION:

This legislation will ensure that inmates who do not pose a threat to
public safety will be eligible to participate in prison temporary
release programs. At its peak in 1994, 24,055 individuals participated
in the work release program. As of 2010, program participation has plum-
meted to 1,910. In the two year period from 2009 to 2010 alone, the
number of new, admissions to the program was halved - in 2009, 416
applicants were accepted into the program, while in 2010, only 201
applicants were accepted. This low admission rate is not for lack of
inmate interest in the program. In 2010, about 24,269 incarcerated
people applied to participate in the program, but only 702 people were
accepted into work release as a standalone program or work release as
part of the Comprehensive Alcohol and Substance Abuse Treatment (CASAT)

program. This means that only 4% of all Temporary Release program appli-
cants are accepted into the program.

Although many prison superintendents and central office staff strongly
support increasing participation in work release, the department needs a
change in the statute to permit greater eligibility.  Eligibility does
not guarantee participation in the program, since DOCCS has discretion
about which eligible inmates are chosen for the program.

A revitalized Temporary Release program is fully consistent with the
underlying goals of the recent merger of the New York Department of
Correctional Services and the Division of Parole to form the Department
of Corrections and Community Supervision (DOCCS), which include enhanced
public safety through the promotion of individuals' successful reentry
and reintegration into the community. The Temporary Release program has
great potential to further this purpose. Temporary Release provides for
a structured transition from incarceration to life in the community,
helping participants to develop the work, educational, and basic life
management skills they need to become law-abiding, contributing members
of their communities. The evidence has shown that programs like Tempo-
rary Release are effective at reducing recidivism, which enhances public
safety.

Participation in the Temporary Release program provides a sound and
accurate picture of a person's readiness for release to the community as
a law-abiding citizen. Not only does it aid the board in making deci-
sions about readiness for release, it. can also be an invaluable
resource to help DOCCS staff identify the supports a person needs while
being supervised in the community, For example, it can help identify the
need for better job skill development, the need for more education to
further career advancement, or the need for ongoing after-care to
address a substance abuse problem. Temporary Release is an exceptionally
cost-effective program; Indeed, a robust Temporary Release program is a
sure way to reduce the staggering cost of the prison system. The
program, particularly work release, saves taxpayers in two important
ways. First, it costs significantly less to house work release partic-
ipants than to house "traditional prisoners.Second, because individuals
involved in work release earn a taxable income, this program generates
local, state, and federal tax revenues. Additionally, the proposed
legislation will ensure that work release participants are provided the
services and support necessary for success during the transitiona l
period. Further proposals will ensure the safety and security of the
public by limiting eligible participants to those who have not committed
certain enumerated crimes.

 
LEGISLATIVE HISTORY:

S.2218 of 2022-22: Referred to Crime Victims, Crime and Correction

S.7685 of 2020; Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effectively immediately, provided however, that the amendments to subdi-
vision 2 of section 851 of the correction law made by section one of
this act shall be subject to the expiration and reversion of such subdi-
vision and section pursuant to subdivision (c) of section 46 of chapter
60 of the laws of 1994 and section 10 of chapter 339 of the laws of
1972, as amended, when upon such date the provisions of section two of
this act shall take effect; provided further, that the amendments to
subdivision 2 of section 851 of the correction law, made by section two
of this act shall expire on the same date as subdivision ( c) of section
46 of chapter 60 of the laws of 1994, section 10 of chapter 339 of the
laws of 1972, and section 5 of chapter 554 of the laws of 1996, as
amended, expire, when upon such date the provisions of section three of
this act shall rake effect; provided further that the amendments to
subdivisions 2a and 2-b of section 851 of the correction law, made by
sections four and five of this act shall not affect the expiration of
such section and shall expire therewith.

2023-S4916 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4916
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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  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  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 determinate
 sentence, including any jail time credited pursuant to the provisions of
 article seventy of the penal law, shall be at least eighteen months.] In
 the case of a person serving an indeterminate sentence  of  imprisonment
 imposed  pursuant  to the penal law in effect after September one, nine-
 teen hundred sixty-seven, for the purposes of this article parole eligi-
 bility shall be upon the expiration of the minimum period  of  imprison-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00643-01-3

 S. 4916                             2
 
 ment  fixed  by  the  court or where the court has not fixed any period,
 after service of the minimum period fixed by the state board of  parole.
 If  an  incarcerated individual is denied release on parole, such incar-
 cerated individual shall not be deemed an eligible incarcerated individ-
 ual  until  he  or  she is within two years of his or her next scheduled
 appearance before the state parole board. In any case where an incarcer-
 ated individual is denied release on parole  while  participating  in  a
 temporary release program, the department shall review the status of the
 incarcerated  individual  to  determine  if  continued  placement in the
 program is appropriate. No person convicted of any escape or  absconding
 offense  defined  in  article two hundred five of the penal law shall be
 eligible for temporary release. [Further, no person under  sentence  for
 aggravated  harassment  of  an employee by an incarcerated individual as
 defined in section 240.32 of the penal law  for,  any  homicide  offense
 defined in article one hundred twenty-five of the penal law, for any sex
 offense  defined  in article one hundred thirty of the penal law, or for
 an offense defined in section 255.25, 255.26 or 255.27 of the penal  law
 shall be eligible to participate in a work release program as defined in
 subdivision  three  of this section. Nor shall any person under sentence
 for any sex offense defined in article one hundred thirty of  the  penal
 law  be  eligible  to  participate  in  a  community services program as
 defined in subdivision five of this section. Notwithstanding the forego-
 ing, no person who is an otherwise eligible incarcerated individual  who
 is under sentence for a crime involving: (a) infliction of serious phys-
 ical  injury  upon  another as defined in the penal law or (b) any other
 offense involving the use or threatened  use  of  a  deadly  weapon  may
 participate  in a temporary release program without the written approval
 of the commissioner.]  The  commissioner  shall  promulgate  regulations
 giving  direction to the temporary release committee at each institution
 in order to aid such committees in carrying out this mandate.
   [The governor, by executive order, may exclude or  limit  the  partic-
 ipation of any class of otherwise eligible incarcerated individuals from
 participation  in a temporary release program. Nothing in this paragraph
 shall be construed to affect either the validity of any executive  order
 previously  issued  limiting  the  participation  of  otherwise eligible
 incarcerated individuals in such program or the authority of the commis-
 sioner to impose appropriate regulations limiting such participation.]
   § 2. Subdivision 2 of section 851 of the correction law, as amended by
 section 228-b 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 years.
 [Provided, 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
 determinate 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
 period of imprisonment fixed by the court or where  the  court  has  not
 fixed any period, after service of the minimum period fixed by the state
 S. 4916                             3
 
 board  of  parole.  [If  an incarcerated individual is denied release on
 parole, such incarcerated individual shall not  be  deemed  an  eligible
 incarcerated  individual  until  he or she is within two years of his or
 her  next  scheduled  appearance  before the state parole board.] In any
 case where an incarcerated individual is denied release on parole  while
 participating  in  a  temporary  release  program,  the department shall
 review the status of the incarcerated individual to determine if contin-
 ued placement in the program is appropriate. No person convicted of  any
 escape  or absconding offense defined in article two hundred five of the
 penal law shall be eligible for temporary release. [Nor shall any person
 under sentence for any sex offense defined in article one hundred thirty
 of the penal law be eligible to  participate  in  a  community  services
 program as defined in subdivision five of this section.  Notwithstanding
 the foregoing, no person who is an otherwise eligible incarcerated indi-
 vidual  who  is  under sentence for a crime involving: (a) infliction of
 serious physical injury upon another as defined in the penal law, (b)  a
 sex  offense  involving  forcible  compulsion,  or (c) any other offense
 involving the use or threatened use of a deadly weapon  may  participate
 in  a  temporary  release  program  without  the written approval of the
 commissioner.] AN INCARCERATED INDIVIDUAL SHALL NOT BE ELIGIBLE FOR WORK
 RELEASE IF HE OR SHE IS SUBJECT TO A  SENTENCE  IMPOSED  FOR  AGGRAVATED
 MURDER  AS  DEFINED  IN  SECTION  125.26 OF THE PENAL LAW, MURDER IN THE
 FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL LAW, RAPE IN  THE
 THIRD  DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, RAPE IN THE
 SECOND DEGREE AS DEFINED IN SECTION 130.30 OF THE PENAL LAW, RAPE IN THE
 FIRST DEGREE AS DEFINED IN SECTION 130.35 OF  THE  PENAL  LAW,  CRIMINAL
 SEXUAL  ACT  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 130.45 OF THE
 PENAL LAW, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED IN SECTION
 130.50 OF THE PENAL LAW, PERSISTENT SEXUAL ABUSE AS DEFINED  IN  SECTION
 130.53  OF THE PENAL LAW, SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN
 SECTION 130.65 OF THE PENAL LAW, AGGRAVATED SEXUAL ABUSE  IN  THE  THIRD
 DEGREE  AS DEFINED IN SECTION 130.66 OF THE PENAL LAW, AGGRAVATED SEXUAL
 ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION  130.67  OF  THE  PENAL
 LAW,  AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION
 130.70 OF THE PENAL LAW, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
 FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THE PENAL  LAW,  COURSE  OF
 SEXUAL  CONDUCT  AGAINST  A  CHILD  IN  THE  SECOND DEGREE AS DEFINED IN
 SECTION 130.80 OF THE PENAL LAW, PREDATORY SEXUAL ASSAULT AS DEFINED  IN
 SECTION  130.95  OF  THE  PENAL  LAW, PREDATORY SEXUAL ASSAULT AGAINST A
 CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, PROMOTING PROSTITU-
 TION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.30 OF THE PENAL LAW,
 PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION  230.32
 OF  THE  PENAL LAW, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33
 OF THE PENAL LAW, SEX TRAFFICKING AS DEFINED IN SECTION  230.34  OF  THE
 PENAL  LAW,  INCEST  IN THE FIRST OR SECOND DEGREE AS DEFINED IN ARTICLE
 TWO HUNDRED FIFTY-FIVE OF THE PENAL LAW, AN OFFENSE OF TERRORISM DEFINED
 IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW,  OR  AN  ATTEMPT  OR  A
 CONSPIRACY TO COMMIT ANY SUCH OFFENSE. The commissioner shall promulgate
 regulations  giving direction to the temporary release committee at each
 institution in order  to  aid  such  committees  in  carrying  out  this
 mandate.
   [The  governor,  by  executive order, may exclude or limit the partic-
 ipation of any class of otherwise eligible incarcerated individuals from
 participation in a temporary release program. Nothing in this  paragraph
 shall  be construed to affect either the validity of any executive order
 previously issued  limiting  the  participation  of  otherwise  eligible
 S. 4916                             4

 incarcerated individuals in such program or the authority of the commis-
 sioner to impose appropriate regulations limiting such participation.]
   §  3. Subdivision 2-a of section 851 of the correction law, as amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   2-a. Notwithstanding subdivision two of this section, the term "eligi-
 ble incarcerated individual" shall also include 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]  FOUR
 years, and who was convicted of a homicide offense as defined in article
 one  hundred  twenty-five of the penal law or an assault offense defined
 in article one hundred twenty of the penal law, and who can  demonstrate
 to the commissioner that: (a) the victim of such homicide or assault was
 a  member of the incarcerated individual's immediate family as that term
 is defined in section 120.40 of the penal law or had a child  in  common
 with  the  incarcerated  individual; (b) the incarcerated individual was
 subjected to substantial physical, sexual or psychological abuse commit-
 ted by the victim of such homicide or assault; and (c) such abuse was  a
 substantial factor in causing the incarcerated individual to commit such
 homicide  or assault. With respect to an incarcerated individual's claim
 that he or she was subjected to substantial physical, sexual or  psycho-
 logical  abuse committed by the victim, such demonstration shall include
 corroborative material that may include, but is not limited to,  witness
 statements,  social  services records, hospital records, law enforcement
 records and a showing based in part on documentation prepared at or near
 the time of the commission of the offense  or  the  prosecution  thereof
 tending  to support the incarcerated individual's claim. Prior to making
 a determination under this subdivision, the commissioner is required  to
 request and take into consideration the opinion of the district attorney
 who  prosecuted the underlying homicide or assault offense and the opin-
 ion of the sentencing  court.  If  such  opinions  are  received  within
 forty-five  days  of  the request, the commissioner shall take them into
 consideration. If such opinions are not so  received,  the  commissioner
 may  proceed  with  the  determination.  Any  action by the commissioner
 pursuant to this subdivision shall be deemed  a  judicial  function  and
 shall not be reviewable in any court.
   § 4. Subdivision 2-b of section 851 of the correction law, as added by
 chapter 738 of the laws of 2004, is amended to read as follows:
   2-b. When calculating in advance the date on which a person is or will
 be  eligible  for release on parole or conditional release, for purposes
 of determining eligibility for temporary release or for placement at  an
 alcohol  and  substance  abuse treatment correctional annex, the commis-
 sioner shall consider and include credit for all potential  credits  and
 reductions  including  but  not  limited to merit time, ADDITIONAL MERIT
 TIME and good behavior allowances. Nothing in this subdivision shall  be
 interpreted  as precluding the consideration and inclusion of credit for
 all potential credits and reductions  including,  but  not  limited  to,
 merit  time,  ADDITIONAL  MERIT  TIME  and good behavior allowances when
 calculating in advance for any other purpose the date on which a  person
 is or will be eligible for release on parole or conditional release.
   §  5.  This  act shall take effect immediately, provided however, that
 the amendments to subdivision 2 of section 851  of  the  correction  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision and section pursuant to subdivision (c) of
 section 46 of chapter 60 of the laws of 1994 and section 10  of  chapter
 339  of the laws of 1972, as amended, when upon such date the provisions
 of section two of this act shall take effect; provided further, that the
 S. 4916                             5
 
 amendments to subdivision 2 of section 851 of the correction law made by
 section two of this act shall expire on the same date as subdivision (c)
 of section 46 of chapter 60 of the laws of 1994, section 10  of  chapter
 339  of  the  laws  of 1972, and section 5 of chapter 554 of the laws of
 1986, as amended, expire; provided further that the amendments to subdi-
 visions 2-a and 2-b of section  851  of  the  correction  law,  made  by
 sections  three  and four of this act shall not affect the expiration of
 such section and shall expire therewith.

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Senate Bill S4916

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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co-Sponsors

2023-S4916 (ACTIVE) - Details

2023-S4916 (ACTIVE) - Summary

2023-S4916 (ACTIVE) - Sponsor Memo

2023-S4916 (ACTIVE) - Bill Text download pdf

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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co-Sponsors

Leroy Comrie

2023-S4916 (ACTIVE) - Details

2023-S4916 (ACTIVE) - Summary

2023-S4916 (ACTIVE) - Sponsor Memo

2023-S4916 (ACTIVE) - Bill Text download pdf

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