NY State Senate Bill 2011-S2048

Senate Bill S2048

2011-2012 Legislative Session

Makes inmates convicted of bail jumping ineligible for participation in temporary work release programs

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2011	referred to correction delivered to assembly passed senate ordered to third reading cal.1272 committee discharged and committed to rules
Jan 18, 2011	referred to crime victims, crime and correction

Votes

- Jun 15, 2011 - Floor Vote
  S2048
  
  58
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2011
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (4)
      
      Duane
      
      Hassell-Thompson
      
      Montgomery
      
      Perkins

2011-S2048 (ACTIVE) - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in 2009-2010 Legislative Session:: S1309

2011-S2048 (ACTIVE) - Summary

Provides that inmates who are convicted of any bail jumping offense shall not be eligible for participation in temporary work release programs.

2011-S2048 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2048

TITLE OF BILL:
An act
to amend the correction law, in relation to eligible inmates for
temporary release programs

PURPOSE OR GENERAL IDEA OF BILL:
To conform the law to deny the
privilege of work release programs to individuals, convicted of
similar offenses.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 851 (2) of the
Corrections law to include bail jumping as an offense which will
preclude an individual from eligibility for work release programs.

STATEMENT IN SUPPORT OF BILL:
Currently, the Corrections law precludes
individuals that have been convicted of escape and absconding
offenses from participating in work release programs. There is no
logical reason why those individuals t.hat have been convicted of
bail jumping offenses should be permitted to benefit from the
privilege of work release programs. This amendment is necessary to
provide the Board of Parole with the statutory authority to fully
investigate an individual applicant for a certificate of relief from

disabilities. Current statute dictates that no certificate may be
issued unless the Board is satisfied that a person to whom a
certificate is granted is an eligible offender as defined in the
statute, that the relief granted is consistent with the
rehabilitation of the offender, and that the relief granted by the
certificate is consistent with the public interest. However, this
section of Correction Law does not provide the Board with any
authority to conduct an investigation necessary to fulfill these
obligations.

This proposal would provide explicit statutory authority to the Board
to investigate applicants for certificates of relief from
disabilities much like section 703-b(3) authorizes the Board to
conduct similar investigations in its decisions to grant certificates
of good conduct. The specific language of section 703-b(3)
authorizing the Board to conduct such investigations when making
determinations regarding issuance of certificates of good conduct
effectively counters any assumptions that might be made about the
Board's investigatory authority flowing from the statutory authority
to issue certificates of relief from disabilities.

In addition, Section 703 (1) (b) defines an eligible offender as one
who resides within this State and whose :judgment of conviction was
rendered by a court in any other jurisdiction. In these instances,
the Board has limited access, if any, to an applicant's criminal
history record, presentence probation report, psychiatric or mental
health report, or any other documents upon which to base a decision
regarding the issuance
of a certificate of good conduct. This lack of information, coupled
with an absence of statutory authority to access sister state or


Federal court and probation records, results in the Board having only
partial authority necessary to make an informed decision regarding
the issuance of a certificate of relief from disabilities. Therefore,
this amendment is necessary in order for the Board to adequately
fulfill its statutory obligations under this Section of the
Correction Law.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None known oranticipated.

EFFECTIVE DATE:
This Act shall take effect immediately provided that
the amendment to subdivision two of section eight hundred fifty-one
of the correction law made by section one of this Act, shall not
affect the expiration of said provisions.

2011-S2048 (ACTIVE) - Bill Text download pdf

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

                                  2048

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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 eligible inmates for
  temporary release programs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  opening paragraph of subdivision 2 of section 851 of
the correction law, as amended by chapter 320 of the laws  of  2006,  is
amended to read as follows:
  "Eligible  inmate"  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 danger-
ous  instrument  shall  not be eligible to participate 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, nineteen hundred sixty-sev-
en, for the purposes of this article parole eligibility  shall  be  upon
the  expiration of the minimum period of imprisonment fixed by the court

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06526-01-1

S. 2048                             2

or where the court has not fixed any period, after service of the  mini-
mum  period  fixed  by the state board of parole. If an inmate is denied
release on parole, such inmate shall not be deemed  an  eligible  inmate
until he or she is within two years of his or her next scheduled appear-
ance  before  the  state  parole  board.  In any case where an inmate is
denied release on parole while  participating  in  a  temporary  release
program,  the department shall review the status of the inmate to deter-
mine if continued placement in the program  is  appropriate.  No  person
convicted  of  any  escape  or absconding offense defined in article two
hundred five OR BAIL JUMPING AS DEFINED IN  SECTION  215.55,  215.56  OR
215.57  of  the  penal  law  shall  be  eligible  for temporary release.
Further, no person  under  sentence  for  aggravated  harassment  of  an
employee by an inmate 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  foregoing, no person who is an otherwise
eligible inmate who  is  under  sentence  for  a  crime  involving:  (a)
infliction  of  serious  physical  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 with-
out the written approval of the  commissioner.  The  commissioner  shall
promulgate regulations giving direction to the temporary release commit-
tee  at each institution in order to aid such committees in carrying out
this mandate.
  S 2.  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 not affect the expiration of  such
subdivision and shall be deemed to expire therewith.

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