New York S 158: Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction

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S00158 Summary:

BILL NOS00158 

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SAME ASSAME AS A01283

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SPONSORSALAZAR

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COSPNSRBAILEY, BASKIN, BOTTCHER, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ,
 GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD,
 RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB

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MLTSPNSR

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Add §440.45, CP L

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Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.

Go to top S00158 Actions:

BILL NOS00158 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

05/18/2026REPORTED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS00158 Committee&nbspVotes:

Go to topS00158 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00158 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 158

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
 FELDER, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,
 HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, MAY, MYRIE, PARKER,
 PERSAUD, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, WEBB -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to authorizing
 certain persons confined in institutions operated by the department of
 corrections and community supervision to apply for a sentence
 reduction

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

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 440.45 to read as follows:
 3 § 440.45 Application for sentence reduction.
 4 1. (a) Notwithstanding any other provision of law, including any mini-
 5 mum sentence requirement, any person confined in an institution operated
 6 by the department of corrections and community supervision who has
 7 served ten years of their sentence, or one-half of the minimum term of
 8 an indeterminate sentence where the minimum term equals or exceeds ten
 9 years, or one-half of a determinate sentence where the sentence equals
 10 or exceeds ten years, whichever is less, may apply for a reduction of
 11 their sentence pursuant to the provisions of this statute. For the
 12 purposes of this subdivision, the term "sentence" shall include any
 13 aggregate sentence where consecutive sentences are imposed.
 14 (b) Notwithstanding paragraph (a) of this subdivision, an otherwise
 15 ineligible person shall be deemed eligible to apply for a reduction in
 16 sentence upon consent of the prosecutor in the underlying criminal
 17 action in which the sentence was imposed.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00043-01-5

 S. 158 2

 1 (c) Notwithstanding paragraph (a) of this subdivision, the prosecutor
 2 in the underlying criminal action in which a sentence was imposed may
 3 initiate an application for resentencing on behalf of the incarcerated
 4 individual and upon such application an attorney shall be assigned to
 5 represent the incarcerated individual in proceedings pursuant to this
 6 section.
 7 (d) No waiver of the right to make an application for a sentence
 8 reduction under this section shall be permitted or honored by the
 9 sentencing court. Any such waiver shall be deemed void and unenforcea-
 10 ble.
 11 (e) No less than thirty days before the date on which the person
 12 becomes eligible pursuant to paragraph (a) of this subdivision to apply
 13 for a sentence reduction, the department of corrections and community
 14 supervision shall provide written notice of this section and its
 15 provisions to:
 16 (i) the defendant;
 17 (ii) the attorney of record;
 18 (iii) the administrator of the county panel established for purposes
 19 of the administration of article eighteen-B of the county law and all
 20 institutional offices that provide criminal defense services within the
 21 county in which the sentence was imposed;
 22 (iv) Prisoners' Legal Services of New York;
 23 (v) the sente