What's happening
This bill allows the state board of parole to deny parole and good behavior allowances to violent felony offenders deemed an imminent threat to society.
Why it matters
Parole and early release decisions for violent felony offenders would now specifically require the state board of parole to find, in writing and by clear and convincing evidence, that an individual does not pose an imminent threat to society before granting release. This adds a higher evidentiary standard and a formal process, making it harder for some offenders to qualify for parole or conditional release.
Good behavior allowances (which can reduce prison time) for violent felony offenders could be withheld if the board determines the offender is an imminent threat to society. This means that even inmates who otherwise meet behavioral benchmarks could lose the opportunity for early release if they are deemed dangerous, potentially increasing time served.
The bill gives the parole board more discretion and legal authority to keep violent offenders incarcerated beyond standard eligibility dates, prioritizing public safety over automatic or formulaic release mechanisms. The result could be longer periods of imprisonment for certain individuals, especially those whom the board considers a credible risk upon reentry to the community.
By requiring a written, evidence-based finding, the policy attempts to balance due process for offenders with heightened concern for community safety, but may also lead to more litigation or challenges over what constitutes 'clear and convincing evidence' of imminent threat. This could affect not just parole decisions, but also the broader conversation about rehabilitation, release, and risk.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Keep Violent Felons In Prison
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4734
2019-2020 Regular Sessions
IN SENATE
March 22, 2019
Introduced by Sens. GRIFFO, AKSHAR, FUNKE, HELMING, RANZENHOFER, RITCHIE, SERINO, SEWARD, TEDISCO -- 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 denial of parole to certain inmates who have been convicted of a violent felony offense when the state board of parole finds, by convincing evidence, that the release of such inmate would pose an imminent threat to society; and to amend the correction law, in relation to making the earning of good behavior allowances for violent felony offenders contingent upon their not being an imminent threat to society upon release
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-d-1 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(b) A person who is serving one or more than one indeterminate or determinate sentence of imprisonment shall, if he or she so requests, be conditionally released from the institution in which he or she is confined when the total good behavior time allowed to him or her, pursuant to the provisions of the correction law, is equal to the unserved portion of his or her term, maximum term or aggregate maximum term; provided, however, that (i) in no event shall a person serving one or more indeterminate sentence of imprisonment and one or more determinate sentence of imprisonment which run concurrently be conditionally released until serving at least six-sevenths of the determinate term of imprisonment which has the longest unexpired time to run; and (ii) in no event shall a person be conditionally released prior to the date on which such person is first eligible for discretionary parole release; and (iii) in the event that the state board of parole finds, in writing and by clear and convincing evidence, that the release of a person serving any sentence of imprisonment for the conviction of a violent felony
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10450-01-9
S. 4734 2
offense, as defined in subdivision one of section 70.02 of this article, would pose an imminent threat to society, such person shall not be conditionally released or paroled and shall remain imprisoned for his or her term, maximum term or aggregate maximum term, whichever shall be greatest. The conditions of release, including those governing post-release supervision, shall be such as may be imposed by the state board of parole in accordance with the provisions of the executive law.
Every person so released shall be under the supervision of the state department of corrections and community supervision for a period equal to the unserved portion of the term, maximum term, aggregate maximum term, or period of post-release supervision.
§ 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-e of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(b) A person who is serving one or more than one indeterminate sentence of imprisonment shall, if he or she so requests, be conditionally released from the institution in which he or she is confined when the total good behavior time allowed to him or her, pursuant to the provisions of the correction law, is equal to the unserved portion of his or her maximum or aggregate maximum term; provided, however, that in the event that the state board of parole finds, in writing and by clear and convincing evidence, that the release of a person serving any sentence of imprisonment for the conviction of a violent felony offense, as defined in subdivision one of section 70.02 of this article, would pose an imminent threat to society, such person shall not be conditionally released or paroled and shall remain imprisoned for his or her maximum term or aggregate maximum term, whichever shall be greater. The conditions of release, including those governing post-release supervision, shall be such as may be imposed by the state board of parole in accordance with the provisions of the executive law.
Every person so released shall be under the supervision of the department of corrections and community supervision for a period equal to the unserved portion of the maximum, aggregate maximum term, or period of post-release supervision.
§ 3. Paragraph (a) of subdivision 1 of section 803 of the correction law, as amended by section 37 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(a) Every person confined in an institution of the department or a facility in the department of mental hygiene serving an indeterminate or determinate sentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonment, may receive time allowance against the term or maximum term of his or her sentence imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and may be withheld, forfeited or canceled in whole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duties or program assigned. Provided, however, that any time allowance earned pursuant to this section by a person serving a sentence for conviction of a violent felony offense defined in subdivision one of section 70.02 of the penal law shall be withheld by the state board of parole upon a finding, in writing and by clear and convincing evidence, that such person would pose an imminent threat to society if released from incarceration.
§ 4. Paragraph (a) of subdivision 1 of section 803 of the correction law, as amended by chapter 126 of the laws of 1987 and as designated by chapter 738 of the laws of 2004, is amended to read as follows:
S. 4734 3
(a) Every person confined in an institution of the department or a facility in the department of mental hygiene serving an indeterminate sentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonment, may receive time allowance against the maximum term or period of his sentence not to exceed in the aggregate one-third of the term or period imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and may be withheld, forfeited or canceled in whole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duties or program assigned. Provided, however, that any time allowance earned pursuant to this section by a person serving a sentence for conviction of a violent felony offense defined in subdivision one of section 70.02 of the penal law shall be withheld by the state board of parole upon a finding, in writing and by clear and convincing evidence, that such person would pose an imminent threat to society if released from incarceration.
§ 5. This act shall take effect immediately; provided that the amendments to paragraph (b) of subdivision 1 of section 70.40 of the penal law made by section one of this act shall be subject to the expiration and reversion of such paragraph pursuant to subdivision d of 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; and provided, further that the amendments to section 803 of the correction law, made by section three of this act, shall be subject to the expiration and reversion of such section pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section four 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 denial of parole to certain inmates who have been convicted of a violent felony offense when the state board of parole finds, by convincing evidence, that the release of such inmate would pose an imminent threat to socie- ty; and to amend the correction law, in relation to making the earning of good behavior allowances for violent felony offenders contingent upon their not being an imminent threat to society upon release
Purpose
To authorize the State Board of Parole to require a violent felony offender to serve his or her maximum term, if release would pose an imminent threat to society.
Summary of provisions
Section One: Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-d-1 of subpart B of part C of chap- ter 62 of the laws of 2011, is amended to add (iii) which provides the State Board of Parole the ability to deny the conditional early release of a prisoner in the event that a finding is made that the release of such prisoner would pose an imminent threat to society.
Read the full memo (751 words)
Section Two: Paragraph (b) of subdivision 1 of section 70.40 of the penal law, as amended by section 127-e of subpart B of part C of chapter 62 of the laws of 2011, is amended to provide the State Board of Parole the ability to deny the conditional early release of a prisoner in the event that a finding is made that the release of such prisoner would pose an imminent threat to society.
Section Three: Paragraph (a) of subdivision 1 of section 803 of the correction law, as amended by section 37 of subpart B of part C of chap- ter 62 of the laws of 2011, is amended to provide that any time allow- ance earned in prison by a violent felony offender shall be withheld by the State Board of Parole upon a finding that such person would pose an imminent threat to society if released from incarceration.
Section Four: Paragraph (a) of subdivision 1 of section 803 as the correction law, as amended by chapter 126 of the laws of 1987 and as designated by chapter 738 of the laws of 2004, is amended to provide that any time allowance earned in prison by a violent felony offender shall be withheld by the State Board of Parole upon a finding that such person would pose an imminent threat to society if released from incar- ceration.
Section Five: Sets forth the effective date.
Justification
The 2011 sexual assault and murder of a woman in Utica, NY by a career rapist named Robert Blainey who had been released early from prison due to merit time earned for good behavior has tragically highlighted the need to change the policy of conditional releases of violent felony offenders. In this egregious case, Blainey is actually quoted in tran- scripts to the parole board stating, "Society is safer with me in pris- on. I can sit here and tell you people I'm not going to do it, I'm not going to do it, but it's not going to make a bit of difference." He concluded: "In your opinion and your eyes I am a lowlife rapist, which is true, and I'm not going anywhere." Well, Blainey did go somewhere and that is right back out into society to sexually assault another woman who this time he killed.
Under current state law, Blainey was only required to serve two-thirds of his 1989 sentence of 12 1/2 to 25 years with the merit time he had accumulated for good behavior while incarcerated. The State Parole Board had no choice in the matter whether they believed he was still a danger to society or not. As long as Blainey signed the document agreeing to his conditional release terms he was free to go.
This legislation will help protect innocent citizens like the motel owner Blainey targeted after hiding in an empty room until he attacked her on the night of November 2nd, only 5 weeks after he had stopped following the reporting requirements of his conditional release as police were searching for his whereabouts.
Legislative history
2017-18 - S. 2730 - /Passed Senate/A. 2392 - Correction Committee. 2015-16- S. 2720 - Passed Senate/A. 2411 - Correction Committee. 2013-14- S. 3871 - Passed Senate/A. 2618 - Correction Committee.
Fiscal implications
To be determined.
Effective date
Immediate w/provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.