This bill has been amended

Bill S6075-2011

Authorizes the state board of parole to require a felony sex offender to serve his or her maximum term, if release would pose an imminent threat to society

Authorizes the state board of parole to require a felony sex offender to serve his or her maximum term, if, by convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of felony sex offenders by the state board of parole upon such a finding.

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  • May 9, 2012: 2ND REPORT CAL.
  • May 8, 2012: 1ST REPORT CAL.711
  • Jan 4, 2012: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 8, 2012
Ayes (10): Saland, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Huntley, Espaillat
Ayes W/R (4): DeFrancisco, Gianaris, Perkins, Squadron
Nays (1): Duane
Absent (1): Parker

Memo

BILL NUMBER:S6075

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 felony sex 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 felony sex offenders contingent upon their not being an imminent threat to society upon release

PURPOSE: To authorize the State Board of Parole to require a felony sex offender to serve his or her maximum term, if release would pose an imminent threat to society.

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.

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 felony sex 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 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 provide that any time allowance earned in prison by a felony sex 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.

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 felony sex 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 Blainey's sentence he 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 grant the State Parole Board the power to stop conditional releases such as this in the future if they deem fit.

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: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to criminal offenses committed on or after such date with certain additional provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 6075 IN 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 AN ACT to amend the penal law, in relation to denial of parole to certain inmates who have been convicted of a felony sex 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 felony sex 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 CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERVING ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A FELONY SEX OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.80 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-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 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 CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERVING ANY SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A FELONY SEX OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.80 OF THIS ARTICLE, WOULD POSE AN IMMI- NENT THREAT TO SOCIETY, SUCH PERSON SHALL NOT BE CONDITIONALLY 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 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 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 FELONY SEX OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN WRIT- ING AND BY 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: (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 FELONY SEX OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN WRIT- ING AND BY CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN IMMINENT THREAT TO SOCIETY IF RELEASED FROM INCARCERATION. S 5. This act shall take effect immediately and shall apply to crimi- nal offenses committed on or after such date; 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.

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