NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4319B
SPONSOR: Weprin TITLE OF BILL:
An act to amend the executive law, in relation to parole eligibility for
certain inmates aged fifty-five or older
PURPOSE:
To create a process to evaluate older prisoners to determine whether
they pose a significant public safety risk.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 18 to section 259-c of the executive
law.
Section 2 provides an effective date.
JUSTIFICATION:
The number of older inmates in our prison system is rising every year
even as the total inmate population is falling. The population of state
prisoners over the age of 50 has increased by 81 percent since 2000. On
January 1, 2007, there were 63,304 inmates in the prison system, with an
average age of 36.5. On that date there were 1,572 inmates in the system
over 60 years of age. Ten years later, on January 1, 2016, there were
52,344 inmates in state correctional facilities, 2,389 of whom were over
the age of 60, and the average age had risen to 38.2. The number of
inmates over 60 rose from 2.5 percent of the prison population in 2007
to 4.6 percent in 2016. Longer minimum sentences since the 1980's and
lower parole release rates since the 1990's ensure that our prison popu-
lation will continue to age over the coming years, forcing the prison
system to open more geriatric nursing care units and expand the existing
resources for inmates suffering from dementia, diabetes, heart disease
and other physical and cognitive disabilities relating to old age.
Crimes are largely committed by young people. Older inmates who have
served long sentences present the lowest risk of recidivism of any other
class of inmates.
This bill permits the Board of Parole to evaluate inmates over the age
of 55 who have served at least 15 years in prison for possible parole
release. It does not mandate release, but allows the Board to make a
public safety assessment to see whether an elderly inmate is safe to be
released to parole supervision even if he or she has not completed his
or her minimum sentence and to have the discretion to grant such
release.
LEGISLATIVE HISTORY:
01/03/18 referred to correction
03/14/18 amend (t) and recommit to correction 03/14/18 print number
6354a
06/04/18 reported referred to codes
FISCAL IMPLICATIONS:
This bill will save the state money if it results in an increase in the
release rate of older prisoners who might otherwise need expensive
medical care and specialized housing within the prison system.
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
One hundred and eighty days after the act becomes law.
STATE OF NEW YORK
________________________________________________________________________
4319--B
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. WEPRIN, TAYLOR, GOTTFRIED, EPSTEIN, LENTOL,
LAVINE, D. ROSENTHAL, SEAWRIGHT, DE LA ROSA, SIMON, ROZIC, LUPARDO,
HEVESI, JOYNER, CARROLL, MOSLEY, FAHY, KIM, COOK, AUBRY, PERRY,
O'DONNELL, BARRON, WRIGHT, L. ROSENTHAL, REYES, WALKER, QUART, SIMOTAS
-- read once and referred to the Committee on Correction -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the executive law, in relation to parole eligibility for
certain inmates aged fifty-five or older
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 259-c of the executive law is amended by adding a
2 new subdivision 18 to read as follows:
3 18. notwithstanding any other provision of law, when a person serving
4 a determinate or indeterminate sentence of incarceration has served at
5 least fifteen years of incarceration under such sentence and is fifty-
6 five years of age or older, the board shall conduct a hearing pursuant
7 to this section and section two hundred fifty-nine-i of this article to
8 determine whether such person shall be released to community super-
9 vision, provided, however, that a person shall not be eligible for
10 release pursuant to this subdivision if he or she is serving a sentence
11 imposed under the penal law (a) of life imprisonment without parole; (b)
12 upon conviction for an offense defined in section 125.26 of the penal
13 law; (c) upon conviction for an offense defined in sections 490.25,
14 490.47 or 490.45 of the penal law; (d) upon conviction of one of the
15 following specified hate crimes pursuant to subdivision three of section
16 485.05 of the penal law: (i) subdivision one, two or four of section
17 125.20 (manslaughter in the first degree); (ii) section 125.25 (murder
18 in the second degree); (iii) subdivision one of section 125.15
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08550-04-9
A. 4319--B 2
1 (manslaughter in the second degree); or (iv) subdivision one of section
2 130.35 (rape in the first degree); (e) of consecutive sentences of more
3 than ninety-nine years, where the intent of such sentences was to
4 provide the offender with a life sentence without the possibility of
5 parole; or (f) upon a conviction for an offense defined in section
6 125.25 or 125.27 of the penal law, where the victim of such offense was
7 a person described in subparagraphs (i), (ii), (ii-a), or (iii) of para-
8 graph (a) of subdivision one of section 125.27 of the penal law. If the
9 board determines that there is a reasonable probability that, if such
10 person is released, he or she will live and remain at liberty without
11 violating the law and that his or her release is not incompatible with
12 the welfare of society, then the board shall release the person to
13 community supervision even if the person has not served the minimum
14 period or term of the sentence imposed by the sentencing court. If
15 release to community supervision is not granted, the inmate shall be
16 informed in writing within two weeks after such appearance of the
17 factors and reasons for the denial of such release and the board shall
18 specify a date not more than twenty-four months from such determination
19 for reconsideration, and the procedures to be followed upon reconsider-
20 ation shall be the same as upon such initial consideration. If release
21 to community supervision is granted, the board shall set release condi-
22 tions and the provisions of this section shall otherwise apply as though
23 the inmate was released after the completion of his or her minimum peri-
24 od or term of sentence.
25 § 2. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law.
