What's happening
This bill allows qualified inmates eligible for early release to receive conditional release, particularly for those subject to deportation.
Why it matters
Expands early release options for certain non-violent, non-drug-trafficking inmates who are subject to deportation. , potentially reducing the state’s incarceration costs and population by allowing conditional release when federal immigration authorities are prepared to deport the individual.
Links state-level conditional release to federal immigration action. , requiring assurance from U.S. Immigration and Customs Enforcement (ICE) that deportation will occur promptly, ensuring that released inmates will not remain in the U.S. unsupervised.
Maintains restrictions on eligibility. , excluding inmates convicted of the most serious (A-I) felonies or violent felonies (except certain drug offenses), thus balancing public safety concerns with efforts to streamline the release process for deportable inmates.
Gives the parole board discretion to consider deportation as a factor for early release. , introducing a legal mechanism that formally acknowledges the intersection of criminal justice and immigration enforcement.
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Who cares
Headline styles
Allow Early Inmate Release
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- 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.
Allow Early Release for Inmates
In Assembly Committee · Correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4565
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
Introduced by Sen. SEPULVEDA -- 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 permitting a qualified inmate eligible for early release to receive a conditional release
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (d) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this subdivision, after the inmate has served his or her minimum period of imprisonment imposed by the court or is eligible for early release from imprisonment, or at any time after the inmate's period of imprisonment has commenced for an inmate serving a determinate or indeterminate term of imprisonment, provided that the inmate has had a final order of deportation issued against him or her and provided further that the inmate is not convicted of either an A-I felony offense other than an A-I felony offense as defined in article two hundred twenty of the penal law or a violent felony offense as defined in section 70.02 of the penal law, if the inmate is subject to deportation by the United States Bureau of Immigration and Customs Enforcement, in addition to the criteria set forth in paragraph (c) of this subdivision, the board may consider, as a factor warranting earlier release, the fact that such inmate will be deported, and may grant parole from an indeterminate sentence or release for deportation from a determinate sentence to such inmate conditioned specifically on his or her prompt deportation. The board may make such conditional grant of early parole from an indeterminate sentence or release for deportation from a determinate sentence only where it has received from the United States Bureau of Immigration and Customs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10764-01-9
S. 4565 2
Enforcement assurance (A) that an order of deportation will be executed or that proceedings will promptly be commenced for the purpose of deportation upon release of the inmate from the custody of the department of correctional services, and (B) that the inmate, if granted parole or release for deportation pursuant to this paragraph, will not be released from the custody of the United States Bureau of Immigration and Customs Enforcement, unless such release be as a result of deportation without providing the board a reasonable opportunity to arrange for execution of its warrant for the retaking of such person.
§ 2. This act shall take effect immediately.
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 permitting a qualified inmate eligible for early release to receive a conditional release
Summary of provisions
This bill amends Executive Law § 259-i (2)(d)(i) to permit an inmate who has a deportation order to be deported at his or her earliest release date.
Justification
A limited credit time allowance (LCTA) takes six months off certain prisoners' minimum sentences if they complete qualifying programs and maintain a good disciplinary record. In the past, the parole board released most prisoners from foreign countries who earned such credit to deportation at their LCTA release dates. A few years ago, the board decided such foreign inmates were not eligible for LCTA release because Executive Law states that such inmates must have served their "minimum period of imprisonment imposed by the court" before being eligible for conditional release to deportation. LCTA is granted by DOCCS under Correction Law § 803-B and approved by the parole board, but is not imposed by the court, so the board decided they did not have the author- ity to release such people to deportation. This bill corrects that over- sight and grants the board the authority to release foreign prisoners at the same time American prisoners are eligible for release.
Legislative history of bill
New bill.
Fiscal implications
It will save the state money by allowing foreign prisoners to be released from their terms of incarceration six months sooner.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.