NY State Senate Bill 2009-S1309

Senate Bill S1309

2009-2010 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 Senate Committee Crime Victims, Crime And Correction 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Jan 28, 2009	referred to crime victims, crime and correction

2009-S1309 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in 2011-2012 Legislative Session:: S2048

2009-S1309 (ACTIVE) - Summary

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

2009-S1309 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1309

 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 or anticipated.

 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.

2009-S1309 (ACTIVE) - Bill Text download pdf

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

                                  1309

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

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.  Subdivision  2  of  section 851 of the correction law, as
amended by chapter 60 of the  laws  of  1994,  is  amended  to  read  as
follows:
  2.  "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]
(A)  and  [b]  (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 dangerous 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. 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-seven, for the  purposes  of
this  article  parole  eligibility  shall  be upon the expiration of the
minimum period of imprisonment fixed by the court or where the court has
not fixed any period, after service of the minimum 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 appearance 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 determine if continued placement in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07318-01-9

S. 1309                             2

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
any homicide offense defined in article one hundred twenty-five  of  the
penal law or of any sex offense defined in article one hundred thirty of
the penal law or of section 255.25 of the penal law shall be eligible to
participate in a work release program as defined in subdivision three of
this  section. Notwithstanding the foregoing, no person who is an other-
wise 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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