November 2 , 2009
GOVERNOR PATERSON SUBMITS LEGISLATION TO CLOSE LOOPHOLE FOR MURDERERS, OTHER A-I FELONS
Bill Would Eliminate Statutory Inconsistency Allowing More Serious Criminals to be Eligible for Parole Earlier than Intended
Governor David A. Paterson has submitted legislation to close a loophole to eliminate a statutory inconsistency that allows serious criminals to become eligible for parole earlier than intended. The current penal law permits repeat offenders convicted of first or second degree murder, first degree kidnapping, or another A-1 felony to receive credit on sentences for time served on a previous sentence. Serious repeat-offenders receiving these credits become eligible for parole earlier and serve proportionately less time than individuals convicted of a lesser crime. The loophole can also result in a murderer becoming eligible for medical parole far sooner than intended. Individuals convicted of less serious repeat felonies are not eligible for such credits.
“We cannot allow an inconsistent provision that benefits the most serious offenders stand,” Governor Paterson said. “I ask that the Legislature join me in fixing this obvious error, ensuring that the public is fully protected from dangerous, repeat offenders.”
The Governor’s proposed bill would eliminate this injustice by requiring all A-I felons and second child sexual assault offenders to serve their sentences consecutively to any time still to be served on a previous sentence. In addition, the legislation ensures that all inmates required to serve half of their sentence in order to be considered for medical parole in fact do serve half of their court imposed sentences.
Kate Hogan, President of the District Attorneys’ Association of the State of New York, said: “All New Yorkers should applaud this legislation, because it closes a loophole that gives an unwarranted and unintended benefit to convicted murderers and sexual predators. We strongly urge the legislature to promptly pass this bill to prevent any future injustice.”
The penal law requires virtually every repeat felony offender to serve a new State sentence consecutively to any remaining time on a previously imposed State sentence. No credit on the new sentence is received for time previously served. However, murderers, other A-1 felons, and second child sexual assault felony offenders were inadvertently omitted from this presumption. Under current law, if an inmate is paroled after serving 10 years on a prior sentence, and commits murder two while on parole, leading to a new 20-year-to-life sentence, he or she will receive 10 years of credit toward the minimum period of the murder sentence if the court imposes the sentence concurrently or is silent. The inmate will serve only 10 years before becoming eligible for parole. Instead of becoming eligible for medical parole only after serving 10 years, or one-half the minimum sentence imposed by the court, the inmate will become eligible for medical parole immediately.
