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BILL NUMBER:S2657

TITLE OF BILL: An act to amend the penal law, in relation to fixing sentences for persons committing crimes while on parole, conditional release or temporary release

PURPOSE/SUMMARY OF PROVISIONS: To require that persons committing felonies while on parole, conditional release or temporary release serve maximum sentences on the original felonies before the sentence on the subsequent felony commences so they will not qualify for parole until the maximum on the first sentence and the minimum on any subsequent sentences are served. This bill amends Section 70.30 of the penal law providing that a parolee, conditional releasee or temporary releasee who has been convicted of a felony committed while under the terms of such parole, conditional release or temporary release serve the maximum term on any subsequent felony commences. Amends Section 70.40 of the penal law to except such persons convicted of a felony committed while under the terms of parole, conditional release or temporary release from parole eligibility until the maximum term of imprisonment imposed by the court for the initial felony, and the minimum term of any subsequent felony have been served.

EXISTING LAW: Under present penal law, the sentence on the felony must be consecutive (PL 70.25) 2a to the sentence on the felony from which the inmate has been paroled. However, since the minimums are aggregated (PL70.40) la, and since the parole violator has already served his minimum on the first crime, he is again eligible for parole upon completion of the minimum imposed for the second crime.

JUSTIFICATION: Prison overcrowding has resulted in an unprecedented number of inmates being granted parole or conditional release after serving only their minimum sentence. In many cases, inmates are paroled long before they have been sufficiently rehabilitated and ultimately go on to commit other serious crimes. Parole is an incentive and reward for good behavior. Yet, numerous cases of leniency and poor discretion have permitted parolees to make a mockery of our parole system. This measure ensures violators pay their debt to society and requires them to prove their desire and ability to re-enter society as a responsible, law-abiding citizen.

FISCAL IMPLICATIONS: Costs of increases for inmate incarceration.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it became law, with provisions.

 

Text

STATE OF NEW YORK
________________________________________________________________________

2657

2011-2012 Regular Sessions

IN SENATE

January 27, 2011
___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law,  in  relation  to  fixing  sentences  for
  persons  committing  crimes  while  on  parole, conditional release or
  temporary 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 70.30 of the
penal law, as amended by chapter 481 of the laws of 1978, is amended  to
read as follows:
  (b)  If the sentences run consecutively, the minimum periods of impri-
sonment  are added to arrive at an aggregate minimum period of imprison-
ment equal to the sum of all the minimum periods, and the maximum  terms
are added to arrive at an aggregate maximum term equal to the sum of all
the  maximum  terms,  provided, however, that both the aggregate maximum
term and the aggregate minimum period of imprisonment shall  be  subject
to  the  limitations  set  forth in paragraphs (c) [and], (d) AND (G) of
this subdivision, where applicable;
  S 2. Subdivision 1 of section 70.30 of the penal  law  is  amended  by
adding a new paragraph (g) to read as follows:
  (G) WHERE A PAROLEE, A CONDITIONAL RELEASEE OR TEMPORARY RELEASEE, HAS
BEEN  CONVICTED  OF  A  FELONY  COMMITTED  WHILE UNDER THE TERMS OF SUCH
PAROLE, CONDITIONAL RELEASE OR TEMPORARY RELEASE, THE  MINIMUM  SENTENCE
IMPOSED UPON SUCH SUBSEQUENT FELONY SHALL NOT COMMENCE UNTIL THE MAXIMUM
TERM OF IMPRISONMENT FOR THE PREVIOUS FELONY HAS BEEN SERVED.
  S  3.  Paragraphs (a) and (b) of subdivision 1 of section 70.40 of the
penal law, paragraph (a) as separately amended by  chapter  261  of  the
laws  of 1987 and chapter 55 of the laws of 1992, paragraph (b) as sepa-
rately amended by chapter 467 of the laws of 1979 and chapter 1  of  the
laws  of  1998  and the closing paragraph of paragraph (b) as separately

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07407-01-1
S. 2657                             2

amended by chapter 148 of the laws of 1975 and chapter 1 of the laws  of
1998, are amended to read as follows:
  (a) [A] EXCEPT FOR A PERSON WHO HAS BEEN CONVICTED OF A FELONY COMMIT-
TED WHILE UNDER THE TERMS OF A PAROLE, CONDITIONAL RELEASE, OR TEMPORARY
RELEASE,  A  person  who  is  serving one or more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
is confined at any time after the  expiration  of  the  minimum  or  the
aggregate minimum period of imprisonment of the sentence or sentences or
after  the  successful  completion  of a shock incarceration program, as
defined in article twenty-six-A of  the  correction  law,  whichever  is
sooner.  Release on parole shall be in the discretion of the state board
of parole, and such person shall continue service  of  his  sentence  or
sentences  while  on  parole,  in  accordance  with  and  subject to the
provisions of the executive law.
  (b) [A] EXCEPT FOR A PERSON WHO HAS BEEN CONVICTED OF A FELONY COMMIT-
TED WHILE UNDER THE TERMS OF A PAROLE, CONDITIONAL RELEASE, OR TEMPORARY
RELEASE, A person who is serving one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall,  if  he so requests, be conditionally
released from the institution in which he is  confined  when  the  total
good  behavior  time  allowed  to him, pursuant to the provisions of the
correction law, is equal to the  unserved  portion  of  his  maximum  or
aggregate  maximum  term.  The  conditions  of  release, including those
governing post-release supervision, shall be such as may be  imposed  by
the state board of parole in accordance with the provisions of the exec-
utive law.
  Every  person  so released shall be under the supervision of the state
board of parole for a period equal to the unserved portion of the  maxi-
mum, aggregate maximum term, or period of post-release supervision.
  S  4.  Subdivision  1  of section 70.40 of the penal law is amended by
adding a new paragraph (d) to read as follows:
  (D) ANY PERSON, WHO HAS BEEN CONVICTED OF A  FELONY  WHILE  UNDER  THE
TERMS  OF  A PAROLE, CONDITIONAL RELEASE, OR TEMPORARY RELEASE, SHALL BE
RECOMMITTED TO SERVE HIS MAXIMUM TERM OF  IMPRISONMENT  IMPOSED  BY  THE
COURT  FOR  THE  INITIAL  FELONY,  AND SHALL NOT BE ELIGIBLE FOR PAROLE,
CONDITIONAL RELEASE OR TEMPORARY RELEASE CONSIDERATION UNTIL SAID  MAXI-
MUM  TERM PLUS THE MINIMUM TERM IMPOSED UPON THE SUBSEQUENT FELONY SHALL
HAVE BEEN SERVED.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  section  one of this act shall take effect on the same date as the
reversion of paragraph (b) of subdivision 1  of  section  70.30  of  the
penal  law  pursuant  to  chapter 3 of the laws of 1995, as amended; and
provided, further, however, that section three of this  act  shall  take
effect  on  the  same date as the reversion of paragraphs (a) and (b) of
subdivision 1 of section 70.40 of the penal law pursuant to chapter 3 of
the laws of 1995, as amended.