Provides for the imposition of consecutive sentences for persons convicted of promoting (dangerous) prison contraband in the first degree

BILL NUMBER:S4913

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.2581 of 1999/2000 S.2911A of 2001/2002 S.964 of 2003/2004 S.2505 of 2005/2006 S.4844 of 2007/2008 S.3387 of 2009/2010

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.