Requires lifetime post-release supervision for certain offenders; prohibits good behavior allowances against certain determinate sentences

Summary of specific provisions

Section 1 amends subdivision 2 of section 70.45 of the Penal Law which sets forth the time periods of post-release supervision required to be served by individuals convicted of violent felony offenses when released from prison. Adds a new para- graph (g) to require a person to serve lifetime post-release supervision when a determinate sentence is imposed upon a conviction of the class S. violent felony offenses of rape in the first degree, criminal sexual act In the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child it the first degree. Adds a new paragraph (h) to require lifetime post-release supervision when a deter- minate sentence is imposed upon a conviction of the class D violent felony offenses of sexual abuse in the first degree committed against a child and course of sexual conduct against a child in the second degree.

Section 2 amends section 803 of the correction law to prohibit any indi- vidual convicted of any of the aforementioned crimes from receiving any good behavior allowance and receive early prison release.

Section 3 provides the effective date.

Justification

Under current law, a convicted rapist released from prison receives only five years of post-release supervision (parole). With the exception of having to register under the Sex Offender Regis- tration Act, after serving out Ma parole, the sex offender is generally free from restrictions and can even live next door to a school. Studies have shown that the longer a sex Offender is released into the communi- ty, the greater the chance that he will re-offend. With no supervision or monitoring being provided to these offenders, this is no surprise. This bill would require released inmates who are convicted of violent felony sex offenses to be monitored and supervised by the Division of Parole for the remainder of their lives. Conditions of parole such as electronic monitoring and residency restrictions could be imposed where a violation' of such condition of release could result in the inmate's return to prison.

Under current law, an Inmate serving a determinate sentence may earn good time credit sufficient to shave off one-seventh of his or her pris- on term. This bill eliminates the possibility of early release for these sex offenders, therefore keeping them in prison longer and keeping our

communities safer. No comprehensive long term supervision of sex offen- ders exists in New York State. Yet there is a significant chance that: certain sex offenders, often the most violent, will likely repeat their crimes following completion of their prison sentences and that such recidivism is more likely if these offenders are not monitored and supervised on parole. Intensive monitoring provided by lifetime post-re- lease supervision (aka parole) would offer greater protection to our communities and prove effective in reducing offender recidivism.

Prior legislative history

2006: A.9433 - held to codes 2008: A3657 - held it codes

Fiscal implications for state and local governments

Costs would be incurred by the state due to the additional parole officers that must be hired, that would be offset by a tremendous amount of savings to state that would be realized due to reduced Costs in apprehending, prosecuting and incarcerating those recidivist sex offenders who do not.re-offend.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a laws provided however that the amendments' to section 803 of the correction law made by section two of this act shall survive the expiration And reversion of such section as provided in subdivision d of section 74 of chapter 3 of the laws of 1955.