•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video 

A04034 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4034
 
SPONSOR: Weprin

 
TITLE OF BILL:  An act to amend the executive law and the correction
law, in relation to consideration of discretionary release
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To remove from post-conviction sections of law phrases relating to
deprecating the offense
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Sections one through three remove from consideration of discretionary
release by the board of parole the currently required consideration as
to whether or not such release would so deprecate the offense as to
undermine respect for the law.

Section four of the bill is the effective date.
 
 
JUSTIFICATION:
 
This bill makes clear that the responsibility to consider whether or not
a term of incarceration would undermine respect for the law rests with
the sentencing court.
 
The penal law requires that when sentencing a person convicted of a
felony offense the judge must select an appropriate sentence that does
not "so deprecate the offense as to undermine respect for the law." The
penal law provides for a minimum and maximum range of indeterminate and
determinate sentences for a sentencing judge to choose from based on the
specific felony of conviction, but also provides exceptional sentencing
provisions for offenses committed by juveniles, youth, and survivors of
domestic violence. Eliminating the duplicative phrase from the executive
law provides deference to the sentencing court.
 
 
PRIOR LEGISLATIVE HISTORY:
 
Referred to Correction, reported to Codes, reported to Rules in 2015 and
2016.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
Immediately.