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History
- Referred to codes
- Referred to codes
Full text
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Title of bill
An act to amend the penal law, in relation to sentences for inmates found guilty of promoting dangerous contraband
Purpose
This legislation would provide for presumptive consecutive sentences for inmates convicted of promoting prison contraband in the first degree.
Summary of provisions
The bill would amend subdivision 5 of Section 70.25 of the Penal Law governing concurrent and consecutive terms.
Justification
Promoting prison contraband in the first degree (Penal Law § 205.25) is a Class D felony. Dangerous contraband includes weapons, explosives and similar items capable of facilitating an escape or causing disorder. Under current law, a detainee convicted of such an offense cannot receive a consecutive sentence, and an inmate serving a sentence who is convicted of such an offense may only receive a concurrent sentence. The possession of a dangerous instrument, such as a weapon, is such a potential threat to the security and good order of a correctional facility that it is appropriate to deter inmates from attempting to commit such crimes by placing them on notice that absent mitigating circumstances, consecutive sentences will be imposed upon the conviction of that crime.
Legislative history
S.964 of 2004, S.2911-A of 2002, S.2581 of 2000, S.4844 of 2007/2008
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section one of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.