BILL NUMBER: S2335
SPONSOR: ORTT
 
TITLE OF BILL:
An act to amend the penal law, in relation to sentences of intermittent
imprisonment for sexual offenses
 
PURPOSE:
This legislation would prohibit an individual convicted of a sex offense
from being eligible for intermittent sentences.
 
SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 2 of section 85.00 of the penal law as it
relates to intermittent imprisonment. Specifically, it would disqualify
an individual from intermittent sentences if sentence were being imposed
for a sex offense.
Section 2 is the effective date.
 
JUSTIFICATION:.
Intermittent imprisonment is used usually for offenses of misdemeanors
and lower-level felonies. This carve out does allow individuals
convicted of sexual offenses to be eligible for intermittent sentences
and this is deplorable. Recently, a man in Wayne County was convicted of
sexually abusing a woman while locking her 99-year-old mother in a bath-
room. This individual was sentenced to spend weekends in jail for four
months. While the total amount of time the individual was sentenced to
spend in jail already is minimal, the fact that he can be out during the
week and only must serve on the weekends is offensive. Convicted sex
offenders should have no right to intermittent sentences so that they
can be out any sooner than if they had served their time consecutively.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.862/A.1841 Referred to Codes
2021-2022: S. 3609 Referred to Codes
2019-2020: S.684 Referred to Codes
2017-2018: S.1211 passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect November 1st next succeeding.