New York S 5094: Authorizes the state board of parole to require a violent felony offender to serve their maximum term, if release would pose an imminent threat to society

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S05094 Summary:

BILL NOS05094 

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SAME ASNo Same As

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SPONSORGRIFFO

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COSPNSRHELMING, MATTERA, OBERACKER, STEC, TEDISCO

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MLTSPNSR

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Amd §70.40, Pen L; amd §803, Cor L

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Authorizes the state board of parole to require a violent felony offender to serve their maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.

Go to top S05094 Actions:

BILL NOS05094 

&nbsp

02/18/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05094 Committee&nbspVotes:

Go to topS05094 Floor&nbspVotes:

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

Go to topS05094 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5094

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sens. GRIFFO, HELMING, MATTERA, OBERACKER, STEC, 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 persons who have been convicted of a violent felony offense
 when the state board of parole finds, by convincing evidence, that the
 release of such person 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 Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (b) of subdivision 1 of section 70.40 of the
 2 penal law, as amended by section 127-d-1 of subpart B of part C of chap-
 3 ter 62 of the laws of 2011, is amended to read as follows:
 4 (b) A person who is serving one or more than one indeterminate or
 5 determinate sentence of imprisonment shall, if [he or she] they so
 6 [requests] request, be conditionally released from the institution in
 7 which [he or she is] they are confined when the total good behavior time
 8 allowed to [him or her] them, pursuant to the provisions of the
 9 correction law, is equal to the unserved portion of [his or her] their
 10 term, maximum term or aggregate maximum term; provided, however, that
 11 (i) in no event shall a person serving one or more indeterminate
 12 sentence of imprisonment and one or more determinate sentence of impri-
 13 sonment which run concurrently be conditionally released until serving
 14 at least six-sevenths of the determinate term of imprisonment which has
 15 the longest unexpired time to run; and (ii) in no event shall a person
 16 be conditionally released prior to the date on which such person is
 17 first eligible for discretionary parole release; and (iii) in the event
 18 that the state board of parole finds, in writing and by clear and
 19 convincing evidence, that the release of a person serving any sentence

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08532-01-5

 S. 5094 2

 1 of imprisonment for the conviction of a violent felony offense, as
 2 defined in subdivision one of section 70.02 of this article, would pose
 3 an imminent threat to society, such person shall not be conditionally
 4 released or paroled and shall remain imprisoned for their term, maximum
 5 term or aggregate maximum term, whichever shall be greatest. The condi-
 6 tions of release, including those governing post-release supervision,
 7 shall be such as may be imposed by the state board of parole in accord-
 8 ance with the provisions of the executive law.
 9 Every person so released shall be under the supervision of the state
 10 department of corrections and community supervision for a period equal
 11 to the unserved portion of the term, maximum term, aggregate maximum
 12 term, or period of post-release supervision.
 13 § 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law,
 14 as amended by section 127-e of subpart B of part C of chapter 62 of the
 15 laws of 2011, is amended to read as follows:
 16 (b) A person who is serving one or more than one indeterminate
 17 s