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Title of bill
An act to amend the penal law, in relation to fixing sentences for persons committing crimes while on parole, conditional release or temporary release
Purpose/summary of provisions
To require that persons committing felonies while on parole, conditional release or temporary release serve maximum sentences on the original felonies before the sentence on the subsequent felony commences so they will not qualify for parole until the maximum on the first sentence and the minimum on any subsequent sentences are served. This bill amends Section 70.30 of the penal law providing that a parolee, conditional releasee or temporary releasee who has been convicted of a felony committed while under the terms of such parole, conditional release or temporary release serve the maximum term on any subsequent felony commences. Amends Section 70.40 of the penal law to except such persons convicted of a felony committed while under the terms of parole, conditional release or temporary release from parole eligibility until the maximum term of imprisonment imposed by the court for the initial felony, and the minimum term of any subsequent felony have been served.
Existing law
Under present penal law, the sentence on the felony must be consecutive (PL 70.25) 2a to the sentence on the felony from which the inmate has been paroled. However, since the minimums are aggregated (PL70.40) la, and since the parole violator has already served his minimum on the first crime, he is again eligible for parole upon completion of the minimum imposed for the second crime.
Justification
Prison overcrowding has resulted in an unprecedented number of inmates being granted parole or conditional release after serving only their minimum sentence. In many cases, inmates are paroled long before they have been sufficiently rehabilitated and ultimately go on to commit other serious crimes. Parole is an incentive and reward for good behavior. Yet, numerous cases of leniency and poor discretion have permitted parolees to make a mockery of our parole system. This measure ensures violators pay their debt to society and requires them to prove their desire and ability to re-enter society as a responsible, law~abiding citizen.
Fiscal implications
Costs of increases for inmate incarceration.
Effective date
This act shall take effect on the first of November next succeeding the date on which it became law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.