Bill Text: NY A04346 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced) 2019-06-04 - reported referred to codes [A04346 Detail]

Download: New_York-2019-A04346-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019

        Introduced  by  M.  of  A.  WEPRIN,  TAYLOR, GOTTFRIED, EPSTEIN, LAVINE,
          Multi-Sponsored by -- M. of A. LENTOL -- read once and referred to the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to findings of the  state
          board  of  parole  necessary for discretionary release of incarcerated
          persons on parole

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (A)  of  paragraph  (c) of subdivision 2 of
     2  section 259-i of the executive law, as amended by  chapter  130  of  the
     3  laws of 2016, is amended to read as follows:
     4    (A)  Discretionary release on parole shall [not] be granted [merely as
     5  a reward for good conduct  or  efficient  performance  of  duties  while
     6  confined  but  after  considering  if  there is a reasonable probability
     7  that, if such inmate is released, he will live  and  remain  at  liberty
     8  without violating the law, and that his release is not incompatible with
     9  the  welfare of society and will not so deprecate the seriousness of his
    10  crime as to undermine  respect  for  law]  to  any  incarcerated  person
    11  appearing before the board who is eligible for release on parole, unless
    12  the  parole case record demonstrates there is a current and unreasonable
    13  risk the person will violate the law if released and such risk cannot be
    14  mitigated by parole supervision. In making the parole release  decision,
    15  the  procedures  adopted  pursuant  to  subdivision  four of section two
    16  hundred fifty-nine-c of this article shall require that the following be
    17  considered: (i) the institutional record  including  program  goals  and
    18  accomplishments,  academic  achievements, vocational education, training
    19  or work assignments, therapy and interactions with staff  and  [inmates]
    20  incarcerated  persons;  (ii)  performance, if any, as a participant in a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4346--A                          2

     1  temporary release  program;  (iii)  release  plans  including  community
     2  resources,  employment,  education  and  training  and  support services
     3  available to the [inmate]  incarcerated  person;  (iv)  any  deportation
     4  order issued by the federal government against the [inmate] incarcerated
     5  person  while  in  the  custody of the department and any recommendation
     6  regarding deportation made by the commissioner of the department  pursu-
     7  ant  to  section  one hundred forty-seven of the correction law; (v) any
     8  current or prior statement made to the board by the crime victim or  the
     9  victim's  representative,  where  the  crime  victim  is  deceased or is
    10  mentally or physically incapacitated; (vi) the length of the determinate
    11  sentence to which the [inmate] incarcerated person would be subject  had
    12  he or she received a sentence pursuant to section 70.70 or section 70.71
    13  of  the  penal law for a felony defined in article two hundred twenty or
    14  article two hundred twenty-one of the penal law; (vii)  the  seriousness
    15  of the offense with due consideration to the type of sentence, length of
    16  sentence  and  recommendations  of  the  sentencing  court, the district
    17  attorney, the attorney for the [inmate] incarcerated  person,  the  pre-
    18  sentence probation report as well as consideration of any mitigating and
    19  aggravating  factors,  and activities following arrest prior to confine-
    20  ment; [and] (viii) prior  criminal  record,  including  the  nature  and
    21  pattern  of  offenses,  adjustment  to  any previous probation or parole
    22  supervision and institutional confinement;  and  (ix)  all  evidence  of
    23  rehabilitation  and  reform. The board shall provide toll free telephone
    24  access for crime victims. In the case  of  an  oral  statement  made  in
    25  accordance with subdivision one of section 440.50 of the criminal proce-
    26  dure  law, the parole board member shall present a written report of the
    27  statement to the parole board. A  crime  victim's  representative  shall
    28  mean  the  crime  victim's  closest surviving relative, the committee or
    29  guardian of such person, or the legal representative of any such person.
    30  Such statement submitted by the victim or  victim's  representative  may
    31  include  information  concerning  threatening  or  intimidating  conduct
    32  toward the victim, the victim's representative, or the victim's  family,
    33  made  by  the  person sentenced and occurring after the sentencing. Such
    34  information may include, but need not be limited to, the threatening  or
    35  intimidating conduct of any other person who or which is directed by the
    36  person  sentenced.  Any  statement by a victim or the victim's represen-
    37  tative made to the board shall be maintained by the  department  in  the
    38  file  provided  to the board when interviewing the [inmate] incarcerated
    39  person in consideration of release. A victim or victim's  representative
    40  who has submitted a written request to the department for the transcript
    41  of  such  interview  shall  be  provided  such  transcript as soon as it
    42  becomes available.
    43    § 2. This act shall take effect immediately.