What's happening
This bill requires lifetime post-release supervision for certain sex offenders and prohibits them from earning good behavior allowances.
Why it matters
Creates lifetime supervision for people convicted of the most serious sexual offenses against children and adults. , meaning that these individuals will be monitored by authorities for the rest of their lives after release, which could affect their privacy, housing, and employment prospects.
Specifically targets offenders convicted of first-degree rape, criminal sexual act, aggravated sexual abuse, and certain child sexual abuse crimes. , signaling a legislative focus on crimes involving vulnerable victims and persistent sexual violence.
Removes the possibility for these offenders to reduce their sentences through good behavior allowances while incarcerated. , meaning they will serve their full prison terms without reductions, which could impact prison populations and correctional resources.
Could have significant implications for public safety, rehabilitation, and reintegration policies. by prioritizing long-term oversight and punishment over opportunities for early release or earned privileges, raising questions about effectiveness, civil liberties, and the costs of lifetime supervision.
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Who cares
Headline styles
Lifetime Supervision for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2948
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. KOLB, MONTESANO, HAWLEY -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, CROUCH, CURRAN, FINCH, FITZPATRICK, FRIEND, GIGLIO, LOPEZ, OAKS, PALMESANO, RA, RAIA, SALADINO, STEC, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring lifetime postrelease supervision for certain offenders; and to amend the correction law, in relation to prohibiting good behavior allowances against certain determinate sentences
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (e) and (f) of subdivision 2 of section 70.45 of the penal law, as amended by chapter 7 of the laws of 2007, are amended and two new paragraphs (g) and (h) are added to read as follows:
(e) such period shall be not less than one and one-half years nor more than three years whenever a determinate sentence of imprisonment is imposed pursuant to subdivision three of section 70.02 of this article upon a conviction of a class D or class E violent felony offense except when a determinate sentence of imprisonment is imposed pursuant to subdivision three of section 70.02 of this article upon a conviction for one of the crimes listed in paragraph (h) of this subdivision;
(f) such period shall be not less than two and one-half years nor more than five years whenever a determinate sentence of imprisonment is imposed pursuant to subdivision three of section 70.02 of this article upon a conviction of a class B or class C violent felony offense[.] except when a determinate sentence of imprisonment is imposed pursuant to subdivision three of section 70.02 of this article upon a conviction for one of the crimes listed in paragraph (g) of this subdivision;
(g) such period shall be for the life of a person whenever a determinate sentence of imprisonment is imposed pursuant to subdivision three of section 70.02 of this article upon a conviction of a class B violent felony offense when the crime committed was rape in the first degree as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03197-01-7
A. 2948 2
defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70 or course of sexual conduct against a child in the first degree as defined in section 130.75 of this chapter;
(h) such period shall be for the life of a person whenever a determinate sentence of imprisonment is imposed pursuant to subdivision three of section 70.02 of this article upon a conviction of a class D violent felony offense when the crime committed was sexual abuse in the first degree as defined in section 130.65 when the other person is less than eleven years old or course of sexual conduct against a child in the second degree as defined in section 130.80 of this chapter.
§ 2. Section 803 of the correction law is amended by adding a new subdivision 1-b to read as follows:
1-b. A person serving a determinate sentence who is subject to the period of post-release supervision established in paragraph (g) or (h) of subdivision two of section 70.45 of the penal law shall not be entitled to any good behavior allowance established in this section.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law; 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 1995, as amended.
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