BILL NUMBER: S1209
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the penal law, the criminal procedure law and the
correction law, in relation to eliminating mandatory minimums; to amend
the sentencing reform act of 1995, in relation to the effectiveness
thereof; to amend chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, in relation to the effectiveness thereof; to amend
chapter 435 of the laws of 1997, amending the military law and other
laws relating to various provisions, in relation to the effectiveness
thereof; to amend part E of chapter 62 of the laws of 2003, amending the
correction law and other laws relating to various provisions, in
relation to the effectiveness thereof; and to repeal certain provisions
of the penal law, the criminal procedure law and the correction law
relating thereto
 
PURPOSE:
The purpose of this bill is to eliminate mandatory minimum sentencing in
New York State.
 
SUMMARY OF PROVISIONS:
Section 1 renames this act as"Marvin Mayfield Act"
Section 2 amends subdivision 6 of section 1.05 of the Penal Law, through
the addition of chapter 98 of the laws of 2006, which promotes community
safety by supporting the rehabilitation of individuals who have been
convicted, their successful and productive reentry and reintegration
into society, and confinement only when required.
Section 3 amends section 380.20 of the Criminal Procedure Penal Law
which states that there must be a pronounced count for every conviction
should there be more than one. Along with a mandated written decision
detailing the reasons that the court has arrived at the decision thus
making it easier for appellate review.
Section 4 amends paragraph (a) of subdivision 3 of section 390.30 of the
Criminal Procedure Law as added by chapter 14 of the laws of 1985 by
requiring courts to include in their pre-sentence investigation an anal-
ysis of the actual financial cost of incarceration to the state and/or
localities of the potential sentences that may be imposed.
Section 5 amends subdivision 1 and paragraph (a) of subdivision 2 of
section 390.50 of the Criminal Procedure Law by requiring that all docu-
ments involved in the court's proceedings must be held strictly confi-
dential and follow all stipulations according to section one hundred
forty-seven of the Correction Law. Secondly, it requires that the pre-
sentence report must be made available to all major players in the court
proceeding to be able to speak before judgment is made.
Section 6 amends section 70.00 of the Penal Law dictates the specific
parameters that will result in an indeterminate sentence and the respec-
tive outlines of each sentence based on each class of felony. Subdivi-
sion four of this section and subdivisions two and four of section 70.02
define that determinate sentences must be adjudicated with the minimum
term of imprisonment following the provisions of these sections.
Section 7 amends subdivision d of section 74 of chapter 3 of the Laws of
1995 by repealing sections 1-b, 2, 4-8, 11, 12, 20, 24-28, 30-39, 42,
and 44 as of September 1st, 2025.
Section 8 repeals subdivisions 2 and 4 of section 70.02 of the Penal Law
and amends subdivision 3 by requiring that the term for a violent felony
offense be fixed by the court following section 60.03 of this title. If
a court finds that a sentence of imprisonment of more than one year is
the minimum term of imprisonment necessary to achieve the goals of
sentencing, then the court must impose a determinate sentence of impri-
sonment (with specific guidelines provided).
Section 9 repeals sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07,
70.08, and 70.10 of the Penal Law.
Section 10 amends subdivisions 1 and 3 of section 70.05 of the Penal Law
by requiring that a sentence of imprisonment for a felony committed by a
juvenile offender adhere to the restrictions of an indeterminate
sentence and must be served in a facility according to subdivision four
of section 70.20 of this article.
Section 11 amends paragraph (c) of subdivision 1-a of section 70.15 of
the Penal Law which dictates that any definite one-year misdemeanor
sentence that was made before the passage of this bill will require a
certificate outlining that in the face of the law, that sentence is now
three hundred and sixty-four days. These certificates must be imple-
mented within ninety days from the passage of this subdivision and are
only applicable to sentences of three hundred and sixty-four days or
less.
Section 12 amends paragraph (a) of subdivision 1 of section 70.20 of the
Penal Law by requiring the court to commit all defendants sentenced to
both indeterminate or determinate periods of imprisonment to the State
Department of Corrections and Community Supervision for the required
term and until released following the law.
Section 13 amends section 70.25 of the Penal Law explaining the key
differences and limitations regarding concurrent and consecutive terms
of imprisonment.
Section 14 amends paragraphs (a) and (f) of subdivision 1 of section
70.30 of the Penal Law and the opening paragraph of subdivision 3 to
specify that the time served under imprisonment on any concurrent
sentences shall be credited against both the minimum and maximum periods
of all concurrent indeterminate and determinate sentences. This section
also changes the requirement for juvenile offenders that the aggregate
minimum period of imprisonment exceeds one-half of the aggregate maximum
term to one-third of that term to be deemed as such.
Section 15 amends section 10 of chapter 339 of the Laws of 1972 regard-
ing inmate furlough, work release, leave, and the designation of which
incarcerated individuals have been approved to be a participant.
Section 16 amends section 70.35 of the Penal Law regarding the validity
of time spent serving an indeterminate sentence can be counted towards a
determinate sentence, the exception being stated in paragraph (b) of
subdivision five of this article.
Section 17 amends paragraph (a) of subdivision 6 of section 76 of chap-
ter 435 of the Laws of 1997 which states that sections forty-three
through forty-five shall expire effective September 1, 2023.
Section 18 amends subdivisions (f), (g), and (h) of section 15 of part E
of chapter 62 of the Laws of 2003 which clarifies the nonconflicting
nature of certain provisions and sections of this bill.
Section 19 amends subdivisions 1, 2, 2-a, and 3 of section 70.45 of the
Penal Law by prohibiting any person serving a period of post-release
supervision from confinement in a correctional facility, including a
residential treatment facility, except following a revocation hearing.
Additionally, mandatory minimum periods of post-release supervision are
eliminated for all felony offenses.
Section 20 amends subdivisions 1 and 2 of section 70.70 of the Penal Law
to require courts to define key terms such as, "felony drug offender",
"second felony drug offender", and "violent offender". It also outlines
the term requirements for different class felonies as per the guidelines
in this section.
Section 21 repeals subdivisions 3 and 4 of section 70.70 of the Penal
Law.
Section 22 amends section 70.71 of the Penal Law to require courts to
fix the term of authorized sentences following section 60.03 of this
title. If a court finds that a sentence of imprisonment of more than one
year is the minimum term of imprisonment necessary to achieve the goals
of sentencing, then the court must impose a determinate sentence. It
also reflects the minimum and maximum term sentences for class A-I felo-
nies.
Section 23 amends section 70.80 of the Penal Law regarding sentences of
imprisonment for conviction of felony sex offenses, which courts shall
fix following section 60.03 of this title. If a court finds that a
sentence of imprisonment of more than one year is the minimum term of
imprisonment necessary to achieve the goals of sentencing, then the
court must impose a determinate sentence.
Section 24 amends paragraph (b) of subdivision 3 of section 60.01 of the
Penal Law to require a fine authorized by article 80 of this title and
in the exception, of a class B felony the sentence must include more
than just a fine.
Section 25 amends subdivision 2 of section 60.02 of the Penal Law by no
longer prohibiting courts from imposing a sentence of conditional or
unconditional discharge if the youthful offender finding is substituted
for a felony conviction.
Section 26 amends section 60.04 of the Penal Law regarding authorized
disposition of controlled substance offenses.
Section 27 amends section 60.05 of the Penal Law regarding authorized
dispositions.
Section 28 amends paragraph (ii) of subdivision b of section 60.09 of
the Penal Law to state that courts may impose new minimum terms of no
less than three years and no more than eight and one-third years for
class A-II offense convictions.
Section 29 amends section 60.10 of the Penal Law regarding the author-
ized disposition of juvenile offenders.
Section 30 amends section 60.12 of the Penal Law regarding authorized
disposition, alternative disposition, and domestic violence cases.
Courts shall consider all relevant evidence in making this determi-
nation.
Section 31 amends subdivision (h) of section 74 of chapter 3 of the Laws
of 1995 which states specific clauses that dictate the validity of
section fifty-two of this bill.
Section 32 amends subdivisions 1 and 2 of section 65.00 of the Penal Law
regarding probation sentences. Establishing the criteria, sentence,
period of probation, violations, and revoked probation clauses.
Section 33 amends subdivisions 1 of section 65.05 of the Penal Law
regarding sentences of conditional discharge. When the court imposes a
sentence of conditional discharge the defendant shall be released with
respect to the conviction for which the sentence is imposed without
imprisonment or probation supervision but subject, during the period of
conditional discharge, to such conditions as the court may determine.
Section 34 amends section 65.20 of the Penal Law regarding unconditional
discharge sentences. When a court imposes a sentence of unconditional
discharge, the defendant shall be released concerning the conviction for
which the sentence is imposed without imprisonment, fine, or probation
supervision.
Section 35 amends subdivision 2 of section 85.00 of the Penal Law to
specify that a court may impose a sentence of intermittent imprisonment
in any case as long as there is not another sentence above fifteen days
imposed by a different court.
Section 36 amends subdivisions 3, 4, and 5 of section 485.10 of the
Penal Law to specify that for any dispositions authorized by this chap-
ter the special restrictions implemented regarding any charge related to
a hate crime.
Section 37 repeals paragraph (d) of subdivision 2 of section 490.25 of
the Penal Law.
Section 38 repeals sections 220.35, 400.15, 400.16, 400.19, 400.20, and
400.21 of the Criminal Procedure Law.
Section 39 amends subdivision 6 of section 2 of the Criminal Procedure
Law to define the term "residential treatment facility".
Section 39 repeals subdivision 10 of section 73 of the Criminal Proce-
dure Law.
Section 40 amends subdivision 1 of section 865 of the Criminal Procedure
Law to define the term "eligible incarcerated individual".
Section 41 amends section 220.10 of the Criminal Procedure Law as
amended by chapter 480 of the laws of 1976, regarding the different
kinds of pleas that are allowed to be entered into an indictment.
Section 42 amends subparagraph (iii) of paragraph (g) of subdivision 5
of section 220.10 of the criminal procedure law, as amended by chapter
23 of the laws of 2024 which explains the process to follow should the
indictment not charge a crime listed within the bill.
Section 43 repeals subdivision 3 of section 220.30 of the Criminal
Procedure Law.
Section 44 amends section 430.20 of the Criminal Procedure Law, defining
the system of time calculation when it comes to defining the start and
end times of prison sentences.
Section 45 provides the effective date.
 
JUSTIFICATION:
A vestige of the 1970s-era Rockefeller Drug Laws, New York's harsh
mandatory minimum sentences contribute to mass incarceration and unjust
case outcomes. Right now, over 30,000 people are incarcerated in New
York's prisons. Nearly 75% are Black or Brown. In 2019 alone, over 9,000
people were subjected to a two or three-strikes law. Three-quarters
were people of color, according to the Vera Institute of Justice. More
than 105,000 children have a parent serving time in a New York jail or
prison, which devastates families and increases the likelihood of a
child's future incarceration. It costs nearly $70,000 per year to incar-
cerate a person in state prison with an annual prison system price tag
of $3 billion. These are billions of dollars New York State could spend
on education, housing, healthcare, community-based anti-violence, and
restorative justice programs - all of which help to create real communi-
ty safety. Survivors overwhelmingly prefer investments in the community
to lengthy prison sentences, by a factor of 15 to 1. Under New York's
current draconian sentencing laws, 98% of convictions in our state are
the result of guilty pleas - not trials - which undermines the constitu-
tional right to trial.
In New York State, 98% of convictions are the result of plea deals.
Mandatory minimums are a significant part of what has created this
system of pleas whereby New Yorkers forfeit their constitutional right
to trial and most people are convicted without a chance to mount a mean-
ingful defense. By requiring a judge to hand down a minimum prison
sentence based on the charges levied by a prosecutor, mandatory
sentences transfer sentencing power from judges to prosecutors and give
them unfair and overwhelming leverage in plea negotiations. Prosecutors
frequently threaten to bring charges carrying long mandatory minimum
sentences to scare the accused person into pleading guilty in exchange
for a reduced sentence.
This legislation would eliminate mandatory minimum sentences - including
New York's two and three-strike laws - allowing judges to consider the
individual factors in a case. In doing so, the Eliminate Mandatory Mini-
mums Act will finally undo the harm of the Rockefeller Drug Law era.
 
LEGISLATIVE HISTORY:
S6471A of 2023-24: Referred to Codes.
S7871 of 2021-22: Referred to Codes
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that if chap-
ter 23 of the laws of 2024 shall not have taken effect on or before such
date then section forty-two of this act shall take effect on the same
date and in the same manner as such chapter of the laws of 2024 takes
effect.

Statutes affected:
S1209: 1.05 penal law, 1.05(6) penal law, 380.20 criminal procedure law, 390.30 criminal procedure law, 390.30(3) criminal procedure law, 70.15 penal law, 70.15(1-a) penal law, 70.20 penal law, 70.20(1) penal law, 70.35 penal law, 60.01 penal law, 60.01(3) penal law, 60.02 penal law, 60.02(2) penal law, 60.09 penal law, 60.09(b) penal law, 60.10 penal law, 65.20 penal law, 490.25 penal law, 490.25(2) penal law, 2 correction law, 2(6) correction law, 73 correction law, 73(10) correction law, 865 correction law, 865(1) correction law, 220.30 criminal procedure law, 220.30(3) criminal procedure law, 430.20 criminal procedure law