Senator Gallivan Announces Senate Passes Legislation to Protect Communities from Violent Offenders

Senator Patrick M. Gallivan (R-C-I, Elma) announces the New York State Senate today passed legislation to protect communities from violent felons given early release from prison. The bill (S2720), sponsored by Senator Joseph Griffo, authorizes the State Board of Parole to require a violent felony offender to serve his or her maximum term if they pose an imminent threat to society and also authorizes the withholding of good behavior allowances.

“As a former State Trooper, Sheriff of Erie County and member of the Board of Parole, I believe we have a responsibility to do all we can to protect our communities from violent felony offenders,” Gallivan said.  “Criminals who pose a threat to society should be required to serve their full prison sentence.  This legislation would give State Parole the authority to keep inmates who threaten the safety of others behind bars for as long as possible.” 

Under current law, the Board of Parole does not have authorization to grant or deny a conditional release, and this becomes problematic when evidence exists that an inmate poses a danger to the community. In 2011, convicted serial rapist Robert Blainey, who had been released early from prison on parole due to merit time earned for good behavior, sexually assaulted and killed a woman in Utica, Oneida County. Prior to his release, Blainey was quoted in Parole Board transcripts stating, “Society is safer with me in prison. 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.”

This measure would allow the state to deny inmates a conditional release with parole supervision if they pose an imminent threat to communities. It ensures violent felons serve their full sentence, without being given the opportunity to be released early due to good behavior in
prison.

The bill has been sent to the Assembly.