2009 LAWS OF NEW YORK
CHAPTER 495
AN ACT to amend the penal law
and the executive law, in relation to consecutive sentences for certain felony
offenders and their eligibility for parole and medical parole
Passed on
message of necessity pursuant to Article III, section 14 of the Constitution by
a majority vote, three-fifths being present.
The People of the
State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2-a of section 70.25 of the penal law, as amended by section
40 of chapter 7 of the laws of 2007, is amended to read as follows:
2-a. When an indeterminate or determinate sentence of
imprisonment is imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivision three or
four of section 70.70, subdivision three or four of section 70.71 or
subdivision five of section 70.80 of this article, or is imposed for a class A-I felony pursuant to section
70.00 of this article, and such person is subject to an undischarged indeterminate or determinate sentence of
imprisonment imposed prior to the date on which the present crime was
committed, the court must impose a sentence to run consecutively with respect
to such undischarged sentence.
§ 2.
Subdivision 2-a of section 70.25 of the penal law, as
amended by section 41 of chapter 7 of the laws of 2007, is amended to read as
follows:
2-a. When an indeterminate or determinate sentence of
imprisonment is imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivision three or
four of section 70.70, subdivision three or four of section 70.71 or
subdivision five of section 70.80 of this article, or is imposed for a class A-I felony pursuant to section
70.00 of this article, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed
prior to the date on which the present crime was committed, the court must
impose a sentence to run consecutively with respect to such undischarged
sentence.
§ 3.
Paragraph (a) of subdivision 1 of section 259-r of the executive law, as
amended by section 1 of part J of chapter 56 of the laws of 2009, is amended to
read as follows:
(a) The
board shall have the power to release on medical parole any inmate serving an
indeterminate or determinate sentence of imprisonment who, pursuant to
subdivision two of this section, has been certified to be suffering from a
terminal condition, disease or syndrome and to be so debilitated or
incapacitated as to create a reasonable probability that he or she is
physically or cognitively incapable of presenting any danger to society,
provided, however, that no inmate serving a sentence imposed upon a conviction
for murder in the first degree or an attempt or conspiracy to commit murder in
the first degree shall be eligible for such release, and provided further that
no inmate serving a sentence imposed upon a conviction for any of the following
offenses shall be eligible for such release unless in the case of an
indeterminate sentence he or she has served at least one-half of the minimum
period of the sentence and in the case of a determinate sentence he or she has
served at least one-half of the term of his or her determinate sentence:
murder in the second degree, manslaughter in the first degree, any offense
defined in article one hundred thirty of the penal law or an attempt to commit
any of these offenses. Solely for the purpose of
determining medical parole eligibility pursuant to this section, such one-half
of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not
be credited with any time served under the jurisdiction of the state department
of correctional services prior to the commencement of such sentence pursuant to the opening paragraph of
subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the
penal law, except to the extent authorized by subdivision three of section
70.30 of the penal law.
§ 4.
Paragraph (a) of subdivision 1 of section 259-r of the executive law, as
amended by section 2 of part J of chapter 56 of the laws of 2009, is amended to
read as follows:
(a) The
board shall have the power to release on medical parole any inmate serving an
indeterminate or determinate sentence of imprisonment who, pursuant to
subdivision two of this section, has been certified to be suffering from a
terminal condition, disease or syndrome and to be so debilitated or
incapacitated as to create a reasonable probability that he or she is
physically or cognitively incapable of presenting any danger to society,
provided, however, that no inmate serving a sentence imposed upon a conviction
for murder in the first degree or an attempt or conspiracy to commit murder in
the first degree shall be eligible for such release, and provided further that
no inmate serving a sentence imposed upon a conviction for any of the following
offenses shall be eligible for such release unless in the case of an
indeterminate sentence he or she has served at least one-half of the minimum
period of the sentence and in the case of a determinate sentence he or she has
served at least one-half of the term of his or her determinate sentence:
murder in the second degree, manslaughter in the first degree, any offense
defined in article one hundred thirty of the penal law or an attempt to commit
any of these offenses. Solely for the purpose of
determining medical parole eligibility pursuant to this section, such one-half
of the minimum period of the indeterminate sentence and one-half of the term of
the determinate sentence shall not be credited with any time served under the
jurisdiction of the state department of correctional services prior to the
commencement of such sentence pursuant
to the opening paragraph of subdivision one of section 70.30 of the penal law
or subdivision two-a of section 70.30 of the penal law, except to the extent
authorized by subdivision three of section 70.30 of the penal law.
§ 5.
Paragraph (a) of subdivision 1 of section 259-s of the executive law, as added
by section 6 of part J of chapter 56 of the laws of 2009, is amended to read as
follows:
(a) The
board shall have the power to release on medical parole any inmate serving an
indeterminate or determinate sentence of imprisonment who, pursuant to
subdivision two of this section, has been certified to be suffering from a
significant and permanent non-terminal condition, disease or syndrome that has
rendered the inmate so physically or cognitively debilitated or incapacitated as
to create a reasonable probability that he or she does not present any danger
to society, provided, however, that no inmate serving a sentence imposed upon a
conviction for murder in the first degree or an attempt or conspiracy to commit
murder in the first degree shall be eligible for such release, and provided
further that no inmate serving a sentence imposed upon a conviction for any of
the following offenses shall be eligible for such release unless in the case of
an indeterminate sentence he or she has served at least one-half of the minimum
period of the sentence and in the case of a determinate sentence he or she has
served at least one-half of the term of his or her determinate sentence:
murder in the second degree, manslaughter in the first degree, any offense
defined in article one hundred thirty of the penal law or an attempt to commit
any of these offenses. Solely for the purpose
of determining medical parole eligibility pursuant to this section, such
one-half of the minimum period of the indeterminate sentence and one-half of
the term of the determinate sentence shall not be credited with any time served
under the jurisdiction of the
state department of correctional services prior to the commencement of such
sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or
subdivision two-a of section 70.30 of the penal law, except to the extent
authorized by subdivision three of section 70.30 of the penal law.
§ 6. This
act shall take effect immediately; provided that:
(a) the amendments to subdivision 2-a of section 70.25 of the
penal law made by section one of this act shall apply to offenses committed on
or after the effective date of this act; and
(b) the
amendments to subdivision 2-a of section 70.25 of the penal law made by section
one of this act shall be subject to the expiration and reversion of such
subdivision 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
(c) the amendments to paragraph (a) of subdivision 1 of section 259-r of the executive law made by section three 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 four of this act shall take effect.