BILL NUMBER: S3825
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the penal law, the correction law and the criminal
procedure law, in relation to parole eligibility for felony offenders;
and to repeal subdivision 2-a of section 70.20 of the penal law relating
thereto
 
PURPOSE:
To establish parole eligibility after a maximum of 25 years of incarcer-
ation.
 
SUMMARY OF PROVISIONS:
Sections 1-20 are amended to establish mandatory parole eligibility
after a maximum of 25 years of incarceration. A number of sub-sections
of the penal code are amended. These sections include:
*section 60.06, 70.00, 70.02, 70.04, 70.06, 70.07, 70.08, 70.10 70.20,
70.71, 70.80
*section 490.25 of the penal law, as added by chapter 300 of the laws of
2001
*section 136 of the correction law, as added by 20 chapter 431 of the
laws of 2015
*section 220.10, 220.30, 400.27, 440.20 470.30,of the criminal procedure
law, as amended by chapter 1 of the laws of 1995, 70.25 of the penal
law, as amended by chapter 372 of the laws of 1981
Section 21 sets the effective date.
 
JUSTIFICATION:
New York State should institute an upper limit for time served without
parole eligibility in the interests of reuniting families, all owing
incarcerated individuals to lead productive lives, and as a cost
savings. Lengthy prison sentences are expensive, counterproductive and
inhumane.
Statistics show a significant drop in criminal recidivism of individuals
even within short time-frames, with every successive year incarcerated
yielding a lesser value of incarceration in relation to public safety
benefits. In New York, recidivism rates among prisoners released between
the ages of 50 and 64 are substantially lower than younger cohorts.
The costs of an increasingly elderly incarcerated population are high,
health care being the primary cost driver. It costs the state twice as
much to care for elderly inmates. Healthcare spending in state prisons
has increased over 20% in the last 3 years. Diverted funds from these
costs would be better used in a wide variety of social services, treat-
ment, and preventative initiatives. After years of mass-incarceration
and overly harsh minimum sentencing laws, it is time to re-examine the
effectiveness and justice of sentencing without chance of parole.
 
LEGISLATIVE HISTORY:
S.1922 of 2023-2024; Referred to Codes;
S. 2779 of 2021-22: Referred to Codes
S. 8221 of 2019-20: Referred to Codes
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3825: 60.06 penal law, 70.00 penal law, 70.00(3) penal law, 70.02 penal law, 70.02(3) penal law, 70.04 penal law, 70.06 penal law, 70.07 penal law, 70.08 penal law, 70.10 penal law, 70.20 penal law, 70.20(2-a) penal law, 70.71 penal law, 70.80 penal law, 70.80(3) penal law, 490.25 penal law, 490.25(2) penal law, 136 correction law, 136(2) correction law, 220.10 criminal procedure law, 220.10(5) criminal procedure law, 220.30 criminal procedure law, 220.30(3) criminal procedure law, 440.20 criminal procedure law, 440.20(1) criminal procedure law, 70.25 penal law, 70.25(1) penal law