What's happening
This bill requires sentences for inmates convicted of first-degree promoting prison contraband to run consecutively to existing prison terms.
Why it matters
Increases Punishment for Contraband Offenses. By making sentences for first-degree promoting prison contraband consecutive (not concurrent) to existing sentences, the bill ensures additional prison time for inmates caught with dangerous contraband, rather than allowing overlapping sentences that might have little real impact.
Aims to Deter Contraband Activities in Prisons. The amendment signals a tougher stance toward inmates who smuggle, make, or possess dangerous items in prison, potentially reducing such incidents by raising the stakes for getting caught.
Aligns Contraband Sentencing With Violent Assaults. The bill treats promoting dangerous contraband in the first degree similarly to assaulting staff or others in prison, reflecting the view that contraband offenses pose significant risks to safety and order.
Impacts Rehabilitation and Prison Management. Longer, mandatory consecutive sentences could affect parole eligibility, prison population levels, and the ability of correctional staff to manage inmate behavior, as inmates may face more severe long-term consequences for such offenses.
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Who cares
Incarcerated defendants
Prison terms imposed for first-degree promoting prison contraband would generally run consecutively to the undischarged sentences they were serving when the contraband was made, obtained or possessed.
People held in detention facilities pending charges
A prison term for first-degree promoting prison contraband would generally run consecutively to any sentence resulting from the charge on which they were detained.
Criminal defense attorneys and prosecutors
The bill would extend consecutive-sentencing requirements to first-degree promoting prison contraband, subject to the existing exception in paragraph (c).
Sentencing judges
The bill would require consecutive rather than concurrent prison terms for covered contraband convictions, subject to the existing exception.
Headline styles
Longer Sentences for Contraband
Plain English, a few words. Used as the page title.
Sponsors
13 Co-sponsors
4 Multi-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Sentences for Prison Contraband
In Senate Committee · Codes · Sponsor Daphne Jordan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1394
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. JONES, WILLIAMS, ORTIZ, D'URSO, BLANKENBUSH, CROUCH, BRABENEC, MONTESANO, LAWRENCE, GIGLIO, NORRIS, RA, MORINELLO, B. MILLER -- Multi-Sponsored by -- M. of A. BARCLAY, GALEF, GOODELL, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to sentences for inmates found guilty of promoting dangerous contraband
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law, as amended by chapter 3 of the laws of 1995, are amended to read as follows:
(a) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or promoting prison contraband in the first degree, as defined in section 205.25 of this chapter, any definite, indeterminate or determinate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any undischarged term of imprisonment to which the defendant was subject and for which he was confined at the time of the assault or at the time the contraband was made, obtained or possessed.
(b) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or promoting prison contraband in the first degree, as defined in section 205.25 of this chapter, any definite, indeterminate or determinate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any term of imprisonment which was previously imposed or which may be prospectively imposed where the person was confined within a detention facility at the time of the assault or at the time the contraband was made, obtained or possessed upon a charge which culminated in such sentence of imprisonment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02899-01-9
A. 1394 2
§ 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law, as added by chapter 372 of the laws of 1981, are amended to read as follows:
(a) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or promoting prison contraband in the first degree, as defined in section 205.25 of this chapter, any definite or indeterminate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any undischarged term of imprisonment to which the defendant was subject and for which he was confined at the time of the assault or at the time the contraband was made, obtained or possessed.
(b) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, or promoting prison contraband in the first degree, as defined in section 205.25 of this chapter, any definite or indeterminate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any term of imprisonment which was previously imposed or which may be prospectively imposed where the person was confined within a detention facility at the time of the assault or at the time the contraband was made, obtained or possessed upon a charge which culminated in such sentence of imprisonment.
§ 3. 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 be subject to the expiration and reversion of such paragraphs pursuant to section 74 of chapter 3 of the laws of 1995, as amended when upon such date the provisions of section two of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.