What's happening
This bill requires sentences for inmates convicted of first-degree promoting prison contraband to run consecutively with any current prison terms.
Why it matters
Increases the consequences for inmates caught with dangerous contraband. By requiring sentences for first-degree promoting prison contraband to be served consecutively (not alongside) existing sentences, the bill creates a stronger deterrent against bringing or possessing prohibited items in prison.
Targets behavior within correctional facilities. The law specifically applies to inmates already incarcerated, aiming to maintain order and safety in prisons by discouraging the introduction or possession of contraband such as weapons, drugs, or escape tools.
Aligns penalties for contraband with those for assaulting staff. By equating the sentencing structure for first-degree contraband offenses with that for certain assaults on correctional officers, the bill signals that both types of conduct are considered serious threats to prison security.
Potential impact on prison populations and sentence lengths. Because sentences must be served one after the other, affected inmates will spend more total time incarcerated, which could increase the prison population and affect parole timelines and corrections resources.
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Who cares
Headline styles
Tougher Sentences for Prison Contraband
Plain English, a few words. Used as the page title.
Sponsors
2 Co-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.
Longer Sentences for Contraband
In Assembly Committee · Codes · Sponsor Billy Jones
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3156
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed 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
S. 3156 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.
Sponsor's memo
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 poten- tial 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; S.4913 of 2011/2012; S.1901 of 2013/2014; S.4594 of 2015/2016; S.3901 of 2017/2018.
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 para- graph and shall be deemed to expire therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.