Authorizes the state board of parole to require a violent felony offender to serve their maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.
Summary
S05094 would give the state board of parole new authority to keep certain people convicted of violent felony offenses incarcerated through their maximum term if the board finds, by clear and convincing evidence, that release would pose an imminent threat to society. The bill applies this standard both to discretionary parole and to conditional release, and it also ties the earning of good behavior allowances to the same public-safety finding.
In practical terms, the measure would amend the Penal Law and Correction Law to create a public-safety override for violent felony offenders. Even where an incarcerated person has otherwise earned time credits or reached a release point, the board could withhold those credits or deny release if it makes the required written finding. The bill also preserves existing supervision rules for those who are released, but it would make release less automatic for the affected class of offenders.
Impact
The bill would change New York’s parole and good-time credit rules for people serving sentences for violent felony offenses as defined in Penal Law section 70.02. It would allow the Board of Parole to deny conditional release or parole, and to withhold earned time allowances, when it finds clear and convincing evidence that the person would pose an imminent threat to society. This would affect inmates serving indeterminate or determinate sentences for qualifying violent felonies, as well as the Department of Corrections and Community Supervision and the parole board’s release decision-making process.
Sentiment
The available context shows the bill was introduced by a group of Senate Republicans and framed around public safety and limiting release of dangerous violent offenders. There are no committee transcripts or recorded votes in the provided material, so there is no documented debate or formal vote history to indicate broader legislative support or opposition. Based on the bill’s sponsor list and caption, the general sentiment appears to favor tougher parole standards for violent felony offenders.
Contention
The main point of contention is the bill’s expansion of parole-board discretion to override earned release and good-time credits based on a finding that release would pose an imminent threat to society. Supporters are likely to view this as a public-safety safeguard for violent offenders, while critics may argue it weakens earned-release incentives, increases incarceration, and gives the board broad authority to extend confinement. Another likely issue is the evidentiary standard and how consistently the “imminent threat” finding would be applied in practice.
Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.
Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.
Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.
Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.
Aggravated sentences required for violent offenders, consecutive sentences required for violent offenders, offenders required to serve the entire announced sentence in custody.
Authorizes a victim of domestic violence to apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.