N.Y. Comp. Codes R. & Regs. tit. 9 § 5.5
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.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.5