Bill Text: NY S06490 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to earned reduction of supervision.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06490 Detail]

Download: New_York-2019-S06490-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6490

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 13, 2019
                                       ___________

        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to earned reduction of super-
          vision

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

     1    Section  1.  The penal law is amended by adding a new section 70.46 to
     2  read as follows:
     3  § 70.46 Earned reduction of supervision.
     4    1. After a period of presumptive release, parole, conditional release,
     5  or post-release supervision has commenced pursuant to section  70.40  or
     6  70.45  of this article, such period shall be reduced by thirty days upon
     7  the completion of each uninterrupted  one-month  period  of  presumptive
     8  release, parole, conditional release, or post-release supervision served
     9  thereafter,  provided  the  person is not subject to any sentence with a
    10  maximum term of life  imprisonment,  or  any  sentence  imposed  for  an
    11  offense  defined in article one hundred thirty, two hundred sixty-three,
    12  four hundred eighty-five or four hundred ninety of this chapter,  or  an
    13  attempt or a conspiracy to commit any such offense.
    14    2. No reduction shall be granted pursuant to this subdivision for:
    15    (a) the service of less than an uninterrupted one-month period; or
    16    (b)  the one-month immediately preceding the completion of a period of
    17  community supervision as described in subdivision one of this section.
    18    3. The one-month period shall not commence or continue  to  run  while
    19  the person has been declared delinquent or while the person is in custo-
    20  dy  related  to a separate conviction or adjudication. In such case, the
    21  next one-month period shall commence upon the person's next release from
    22  custody.
    23    4. A sustained finding of a violation of a  condition  of  supervision
    24  shall interrupt the running of the one-month period retroactively to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13330-01-9
        S. 6490                             2

     1  date of the declaration of delinquency. In such case, the next one-month
     2  period shall commence upon the person's next release from custody.
     3    5. In the event that there is no sustained violation of a condition or
     4  conditions  of  release, the person shall receive credit as if there was
     5  no interruption in the service of the period of  community  supervision,
     6  provided  however, that a final declaration of delinquency issued by the
     7  board will interrupt the running of the one-month earned period retroac-
     8  tively to the date of delinquency.
     9    6. When a person is subject to more than one  period  of  post-release
    10  supervision,  the  reduction  authorized  in  this  subdivision shall be
    11  applied to each period of post-release supervision to which  the  person
    12  is  subject  at the commencement of the one-month period. In the event a
    13  person becomes subject to an additional period  of  post-release  super-
    14  vision  after  the  one-month  period  of a previously imposed period of
    15  post-release supervision has commenced,  the  one-month  period  of  the
    16  additional period of post-release supervision shall commence as provided
    17  in subdivision one of this section.
    18    7.  The  reduction  applied  to  a  period of post-release supervision
    19  pursuant to this section shall not be applied to  any  other  period  of
    20  post-release  supervision,  except  as  provided  in subdivision five of
    21  section 70.30 of this article.
    22    8. Earned time credits shall be  available  to  all  eligible  persons
    23  subject  to  community  supervision at the time this legislation becomes
    24  effective.
    25    § 2. This act shall take effect April 1, 2020.