New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.5 - Executive Order No. 5: Ordering that the Commissioner of the Department of Correctional Services bar the transfer of certain inmates sentenced as violent Felony Offenders to Temporary Release Programs and Residential Treatment Facilities. [*][DAGGER]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is the first obligation of Government to
					 protect its citizens from crime and violence;
WHEREAS, the release of a person convicted of a violent
					 felony offense who has not served his or her full sentence is a threat to
					 public safety and welfare;
WHEREAS, there are inmates currently serving sentences for
					 violent felony offenses who may be released to temporary release programs or
					 residential treatment facilities at the discretion of the Commissioner of the
					 Department of Correctional Services;
WHEREAS, this Administration has pledged to protect the
					 personal freedoms of innocent law-abiding citizens and eliminate temporary
					 release for dangerous felons; and
WHEREAS, the Commissioner of the Department of Correctional
					 Services has determined that there is adequate capacity in the correctional
					 system to accomodate restricting the release to temporary release programs of
					 all violent felony offenders convicted of crimes involving the infliction of
					 serious physical injury, all violent felony offenders convicted of crimes
					 involving the use or threatened use of dangerous instruments and all violent
					 felony offenders convicted of crimes involving the use or threatened use of a
					 deadly weapon;
NOW, THEREFORE, I, George E. Pataki, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order the Commissioner of the
					 Department of Correctional Services to promulgate, modify, adopt or rescind any
					 rules or regulations, or emergency rules or regulations, as may be necessary
					 from time to time to prevent the future transfer to any temporary release
					 program or residential treatment facility of any inmate sentenced as a violent
					 felony offender convicted of a crime involving the infliction of serious
					 physical injury, the use or threatened use of a dangerous instrument or the use
					 or threatened use of a deadly weapon; and be it
FURTHER ORDERED, that said rules or regulations or
					 emergency rules or regulations are responsive to emergencies affecting the
					 public safety or welfare and are exempt from any restrictions imposed pursuant
					 to Executive Order No. 2;
For the purposes of this Executive Order, the term rule
					 shall have the same meaning as defined in § 102 of the State
					 Administrative Procedure Act and emergency rule shall have the same meaning as
					 defined in § 202(6) of the State Administrative Procedure Act.
Signed: George E. Pataki
Dated: January 24, 1995
Executive Order No. 5.1
*
[DAGGER]
Ordering that the Commissioner of the Department of
					 Correctional Services bar the transfer of certain inmates sentenced as violent
					 Felony Offenders to Temporary Release Programs and Residential Treatment
					 Facilities.
WHEREAS, it is the first obligation of Government to
					 protect its citizens from crime and violence;
WHEREAS, the release of a person convicted of a violent
					 felony offense who has not served his or her full sentence is a threat to
					 public safety and welfare;
WHEREAS, there are inmates currently serving sentences for
					 violent felony offenses who may be released to temporary release programs or
					 residential treatment facilities at the discretion of the Commissioner of the
					 Department of Correctional Services;
WHEREAS, this Administration has pledged to protect the
					 personal freedoms of innocent law-abiding citizens and eliminate temporary
					 release for dangerous felons; and
WHEREAS, the Commissioner of the Department of Correctional
					 Services has determined that there is adequate capacity in the correctional
					 system to accomodate restricting the release to temporary release programs of
					 all violent felony offenders convicted of crimes involving the infliction of
					 serious physical injury, all violent felony offenders convicted of crimes
					 involving the use or threatened use of dangerous instruments and all violent
					 felony offenders convicted of crimes involving the use or threatened use of a
					 deadly weapon;
NOW, THEREFORE, I, George E. Pataki, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, including Chapter 3 of the Laws of 1995, do
					 hereby order the Commissioner of the Department of Correctional Services to
					 promulgate, modify, adopt or rescind any rules or regulations, or emergency
					 rules or regulations, as may be necessary from time to time to prevent the
					 future transfer to any temporary release program or residential treatment
					 facility of any inmate sentenced as a violent felony offender convicted of a
					 crime involving the infliction of serious physical injury, the use or
					 threatened use of a dangerous instrument or the use or threatened use of a
					 deadly weapon; and be it
FURTHER ORDERED, that said rules or regulations or
					 emergency rules or regulations are responsive to emergencies affecting the
					 public safety or welfare and are exempt from any restrictions imposed pursuant
					 to Executive Order No. 2;
For the purposes of this Executive Order, the term
rule
shall have the same meaning as defined in section 102 of
					 the State Administrative Procedure Act and
emergency rule
shall have the same meaning as defined in section 202(6) of the State
					 Administrative Procedure Act.
Executive Order No. 5 dated January 24, 1995, is revoked
					 and superseded by this Executive Order.
Signed: George E. Pataki
Dated: October 13, 1996
Footnotes
* [Revoked and superseded by
					 Executive Order No. 5.1,
infra.
]
[DAGGER] [Revoked by Executive
					 Order No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]
* [Revokes and supersedes
					 Executive Order No. 5,
supra.
]
[DAGGER] [Revoked by Executive
					 Order No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]