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Sponsors
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History
- Referred to codes
- Delivered to assembly
- Passed senateVote 57–2
- Advanced to third reading
- Amended 6075a
- 2nd report cal.
- 1st report cal.711
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6075A
Title of bill
An act to amend the penal law, in relation to denial of parole to certain inmates who have been convicted of a felony sex offense when the state board of parole finds, by convincing evidence, that the release of such inmate would pose an imminent threat to society; and to amend the correction law, in relation to making the earning of good behavior allowances for felony sex offenders contingent upon their not being an imminent threat to society upon release
Purpose
To authorize the State Board of Parole to require a felony sex offender to serve his or her maximum term, if release would pose an imminent threat to society.
Read the full memo (835 words)
Summary of provisions
Section One: Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-d-1 of subpart B of part C of chapter 62 of the laws of 2011, is amended to add (iii) which provides the State Board of Parole the ability to deny the conditional early release of a prisoner in the event that a finding is made that the release of such prisoner would pose an imminent threat to society.
Section Two: Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-e of subpart B of part C of chapter 62 of the laws of 2011, is amended to provide the State Board of Parole the ability to deny the conditional early release of a prisoner in the event that a finding is made that the release of such prisoner would pose an imminent threat to society.
Section Three: Paragraph (a) of subdivision 1 of section 803 of the correction law, as amended by section 37 of subpart B of part C of chapter 62 of the laws of 2011, is amended to provide that any time allowance earned in prison by a felony sex offender shall be withheld by the State Board of Parole upon a finding that such person would pose an imminent threat to society if released from incarceration.
Section Four: Paragraph (a) of subdivision 1 of section 803 of the correction law, as amended by chapter 126 of the laws of 1987 and as designated by chapter 738 of the laws of 2004, is amended to provide that any time allowance earned in prison by a felony sex offender shall be withheld by the State Board of Parole upon a finding that such person would pose an imminent threat to society if released from incarceration.
Section Five: Sets forth the effective date.
Existing law
Under existing law, conditional release is a statutory type of release that the Board of Parole does NOT have discretion to grant or deny.
Under indeterminate sentencing guidelines, when there is a minimum and maximum sentence imposed, the inmate must serve 2/3 of their maximum sentence with no loss of good time. Under determinate sentencing guidelines, where there is a flat length of time, the inmate must serve 6/7 of their sentence, and have no loss of good time.
Justification
The recent sexual assault and murder of a woman in Utica, NY by a career rapist named Robert Blainey who had been released early from prison due to merit time earned for good behavior has tragically highlighted the need to change the policy of conditional releases of felony sex offenders. In this egregious case, Blainey is actually quoted in transcripts to the parole board stating "Society is safer with me in prison. I can sit here and tell you people I'm not going to do it, I'm not going to do it, but it's not going to make a bit of difference." He concluded: "In your opinion and your eyes I am a low-life rapist, which is true, and I'm not going anywhere." Well, Blainey did go somewhere and that is right back out into society to sexually assault another woman who this time he killed.
Under Blainey's sentence he was only required to serve two-thirds of his 1989 sentence of 12 1/2 to 25 years with the merit time he had accumulated for good behavior while incarcerated. The State Parole Board had no choice in the matter whether they believed he was still a danger to society or not. As long as Blainey signed the document agreeing to his conditional release terms he was free to go. This legislation will grant the State Parole Board the power to stop conditional releases such as this in the future if they deem fit.
This legislation will help protect innocent citizens like the motel owner Blainey targeted after hiding in an empty room until he attacked her on the night of November 2nd, only 5 weeks after he had stopped following the reporting requirements of his conditional release as police were searching for his whereabouts.
Legislative history
New.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall apply to criminal offenses committed on or after such date with certain additional provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.