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.

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S6020A-2011 Actions

• May 22, 2012: referred to correction
• May 22, 2012: DELIVERED TO ASSEMBLY
• May 22, 2012: PASSED SENATE
• May 14, 2012: ADVANCED TO THIRD READING
• May 14, 2012: AMENDED 6020A
• May 9, 2012: 2ND REPORT CAL.
• May 8, 2012: 1ST REPORT CAL.709
• Jan 4, 2012: REFERRED TO CODES

S6020A-2011 Calendars

Active List: May 22, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012

S6020A-2011 Votes

S6020A-2011 Memo

BILL NUMBER:S6020A

TITLE OF BILL:
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

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
chapter 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
chapter 62 of the laws of 2011, 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
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
incarceration.

Section Five: Sets forth the effective date.

EXISTING LAW:
Under existing law, conditional release is a statutory type of release
that the Board of Parole does not have discretion to grant or deny.


Under indeterminate sentencing guidelines, when there is a minimum
and maximum sentence imposed, the inmate must serve 2/3 of their
maximum sentence with no loss of good time. Under determinate
sentencing guidelines, where there is a flat length of time, the
inmate must serve 6/7 of their sentence, and have no loss of good time.

JUSTIFICATION:
The recent 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 transcripts to the parole board 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." He concluded: "In your opinion and your eyes I am a
low-life 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:
New.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately with certain provisions.

S6020A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6020--A
      Cal. No. 709

                              I N  SENATE

                                 (PREFILED)

                               January 4, 2012
                                 ___________

  Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes -- reported  favora-
    bly  from  said committee, ordered to first and second report, amended
    on second report, ordered to a third reading, and to be  reprinted  as
    amended, retaining its place in the order of third reading

  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.
                                                             LBD13711-09-2

 S. 6020--A                          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.
    S 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.
    S 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.
    S 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. 6020--A                          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.
    S  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.