ALBANY, N.Y. (AP) Murderers won't get a break in New York.
The Legislature and Gov. David Paterson have agreed to close a
loophole affecting criminals convicted a second time for murder or
child sexual assault. Under previous legislation, those violent
offenders could get parole credit for time served for a previous
conviction.
In one example, the loophole could have allowed a parolee
convicted of a new offense to apply 10 years that he served for his
original crime to his new 20-years-to-life sentence. That would
make the offender eligible for parole after just 10 years in prison
on the latest conviction.
The new legislation agreed on Tuesday requires consecutive
sentences. It also requires a prisoner to serve at least half their
sentence before being eligible for medical parole, which is based
on a grave illness. Prisoners will no longer be able to apply years
served in prison for a prior offense toward getting a medical
parole.
''This legislation will assure that those convicted will serve
out their sentence intended by the court and also give piece of
mind to the victims, their families, and our communities,'' said
Paterson of his bill, which he made part of Tuesday's extraordinary
session of the Legislature.
State law already requires nearly all repeat felons to serve
consecutive terms without credit for time previously served in
prison. But murderers, others convicted of the highest level A-1
felonies and second-time sexual assaults on children were
inadvertently omitted. Some judges, however, knew of the loophole
and specified that sentences had to be served consecutively.
''Judges have always had the power to order consecutive
sentencing under such circumstances,'' said Assembly Speaker
Sheldon Silver, a Manhattan Democrat. ''By this legislation, we
mandate this tougher sanction.''
(Copyright 2009 The Associated Press. All Rights Reserved.)