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S2144Senate2019-2020 SessionSame asA9040

Parole Review for Older Inmates

Official title

“Relates to parole eligibility for certain inmates age fifty-five”

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill allows parole hearings and possible early release for inmates aged 55 or older who have served at least 15 years.

Why it matters

  1. Recognizes aging and long-serving inmates' potential for rehabilitation. by mandating parole hearings for those 55 and older who have served at least 15 years, regardless of their original sentence length, reflecting a shift toward individualized review rather than blanket incarceration.

  2. Allows for earlier release even if the minimum sentence hasn’t been served. , meaning elderly inmates who meet parole criteria (likelihood of not reoffending and not being a societal risk) could be freed before their original minimum term is up, which could substantially shorten some sentences.

  3. Requires transparency and regular reconsideration. If parole is denied, the inmate must be given written reasons within two weeks and be reconsidered within 24 months, ensuring ongoing review and accountability by the parole board.

  4. Could impact prison population and costs. by creating a pathway for older, often higher-cost inmates to leave prison under supervision, potentially reducing overcrowding and public spending on geriatric incarceration.

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Who cares

Headline styles

Parole Review for Older Inmates

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to crime victims, crime and correction
  2. Reported and committed to finance
  3. Referred to crime victims, crime and correction

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.

A9040Assembly

Parole for Older Inmates

In Assembly Committee · Correction · Sponsor Carmen De La Rosa

Impact 7 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2144

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

Introduced by Sens. HOYLMAN, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the executive law, in relation to parole eligibility for certain inmates aged fifty-five or older

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 259-c of the executive law is amended by adding a new subdivision 18 to read as follows:

18. notwithstanding any other section of the law, where a person serving a sentence of incarceration has served at least fifteen years of a determinate or indeterminate sentence and has reached the age of fiftyfive or greater, the board shall conduct a hearing pursuant to this section and section two hundred fifty nine-i of this article to determine whether such person should be released to community supervision. If the board determines that there is a reasonable probability that, if such person is released, he or she will live and remain at liberty without violating the law and that his or her release is not incompatible with the welfare of society, then the board shall release the person to community supervision even if the person has not served the minimum sentence imposed by the judge. If release to community supervision is not granted, the inmate shall be informed in writing within two weeks of such appearance of the factors and reasons for the denial of such release and the board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If release to community supervision is granted, the board shall set release conditions and the provisions of this section shall otherwise apply as though the inmate was released after the completion of his or her minimum sentence.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08550-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to parole eligibility for certain inmates aged fifty-five or older

Purpose

To create a process to evaluate older prisoners to determine whether they pose a significant public safety risk.

Summary of provisions

Section 1 adds a new subdivision 18 to section 259-c of the executive law. Section 2 provides an effective date.

Justification

The number of older inmates in our prison system is rising every year even as the total inmate population is falling. The population of state prisoners over the age of 50 has increased by 81 percent since 2000. On January 1, 2007, there were 63,304 inmates in the prison system, with an average age of 36.5. On that date there were 1,572 inmates in the system over 60 years of age. Ten years later, on January 1, 2016, there were 52,344 inmates in state correctional facilities, 2,389 of whom were over the age of 60, and the average age had risen to 38.2. The number of inmates over 60 rose from 2.5 percent of the prison population in 2007 to 4.6 percent in 2016. Longer minimum sentences since the 1980's and lower parole release rates since the 1990's ensure that our prison popu- lation will continue to age over the coming years, forcing the prison system to open more geriatric nursing care units and expand the existing resources for inmates suffering from dementia, diabetes, heart disease and other physical and cognitive disabilities relating to old age.

Crimes are largely committed by young people. Older inmates who have served long sentences present the lowest risk of recidivism of any other class of inmates.

This bill permits the Board of Parole to evaluate all inmates over the age of 55 who have served at least 15 years in prison for possible parole release. It does not mandate release, but allows the Board to make a public safety assessment to see whether an elderly inmate is safe to be released to parole supervision even if he or she has not completed his or her minimum sentence and to have the discretion to grant such release.

Fiscal implications

This bill will save the state money if it results in an increase in the release rate of older prisoners who might otherwise need expensive medical care and specialized housing within the prison system.

Local fiscal implications

None

Prior legislative history

S.8581 (Hoylman) - Died in Crime Victims, Crime and Correction

Effective date

This act shall take effect on the one hundred and eightieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.