Bill Text: NY A04346 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04346 Detail]
Download: New_York-2019-A04346-Introduced.html
Bill Title: Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04346 Detail]
Download: New_York-2019-A04346-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4346 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. WEPRIN, TAYLOR, GOTTFRIED, EPSTEIN -- Multi-Spon- sored by -- M. of A. LENTOL -- read once and referred to the Commit- tee on Correction AN ACT to amend the executive law, in relation to findings of the state board of parole necessary for discretionary release of inmates 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 as5a reward for good conduct or efficient performance of duties while6confined but after considering if] upon completion of the minimum term 7 of incarceration imposed by the sentencing court if the board finds 8 there is a reasonable probability that, if such inmate is released, he 9 or she will live and remain at liberty without violating the law, and 10 that his or her release [is not incompatible with the welfare of society11and will not so deprecate the seriousness of his crime as to undermine12respect for law] does not present an unreasonable current public safety 13 risk. If discretionary release to parole is not granted at the inmate's 14 initial parole board appearance, there shall be a presumption of release 15 at any subsequent board appearance absent a preponderance of evidence 16 that the inmate is unlikely to live without violating the law and that 17 his or her release presents an unreasonable current public safety risk. 18 In making the parole release decision, the procedures adopted pursuant 19 to subdivision four of section two hundred fifty-nine-c of this article 20 shall require that the following be considered: (i) the institutional 21 record including program goals and accomplishments, academic achieve- 22 ments, vocational education, training or work assignments, therapy and 23 interactions with staff and inmates; (ii) performance, if any, as a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05592-01-9A. 4346 2 1 participant in a temporary release program; (iii) release plans includ- 2 ing community resources, employment, education and training and support 3 services available to the inmate; (iv) any deportation order issued by 4 the federal government against the inmate while in the custody of the 5 department and any recommendation regarding deportation made by the 6 commissioner of the department pursuant to section one hundred forty- 7 seven of the correction law; (v) any current or prior statement made to 8 the board by the crime victim or the victim's representative, where the 9 crime victim is deceased or is mentally or physically incapacitated; 10 (vi) the length of the determinate sentence to which the inmate would be 11 subject had he or she received a sentence pursuant to section 70.70 or 12 section 70.71 of the penal law for a felony defined in article two 13 hundred twenty or article two hundred twenty-one of the penal law; (vii) 14 the seriousness of the offense with due consideration to the type of 15 sentence, length of sentence and recommendations of the sentencing 16 court, the district attorney, the attorney for the inmate, the pre-sen- 17 tence probation report as well as consideration of any mitigating and 18 aggravating factors, and activities following arrest prior to confine- 19 ment; [and] (viii) prior criminal record, including the nature and 20 pattern of offenses, adjustment to any previous probation or parole 21 supervision and institutional confinement; and (ix) all evidence of 22 rehabilitation and reform. The board shall provide toll free telephone 23 access for crime victims. In the case of an oral statement made in 24 accordance with subdivision one of section 440.50 of the criminal proce- 25 dure law, the parole board member shall present a written report of the 26 statement to the parole board. A crime victim's representative shall 27 mean the crime victim's closest surviving relative, the committee or 28 guardian of such person, or the legal representative of any such person. 29 Such statement submitted by the victim or victim's representative may 30 include information concerning threatening or intimidating conduct 31 toward the victim, the victim's representative, or the victim's family, 32 made by the person sentenced and occurring after the sentencing. Such 33 information may include, but need not be limited to, the threatening or 34 intimidating conduct of any other person who or which is directed by the 35 person sentenced. Any statement by a victim or the victim's represen- 36 tative made to the board shall be maintained by the department in the 37 file provided to the board when interviewing the inmate in consideration 38 of release. A victim or victim's representative who has submitted a 39 written request to the department for the transcript of such interview 40 shall be provided such transcript as soon as it becomes available. 41 § 2. This act shall take effect immediately.
