Bill Text: NY S01415 | 2021-2022 | General Assembly | Amended
Bill Title: Provides for findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Introduced - Dead) 2021-11-08 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01415 Detail]
Download: New_York-2021-S01415-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1415--A Cal. No. 392 2021-2022 Regular Sessions IN SENATE January 12, 2021 ___________ Introduced by Sens. RIVERA, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BRISPORT, BROUK, COMRIE, COONEY, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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] Release on parole shall [not] be granted 5 [merely as a reward for good conduct or efficient performance of duties6while confined but after considering if there is a reasonable probabili-7ty that, if such inmate is released, he will live and remain at liberty8without violating the law, and that his release is not incompatible with9the welfare of society and will not so deprecate the seriousness of his10crime 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 determination as to whether a person poses a current and unreasonable 16 risk of violating the law if released, the procedures adopted pursuant 17 to subdivision four of section two hundred fifty-nine-c of this article EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07240-02-1S. 1415--A 2 1 shall require that the following be considered: (i) [the institutional2record including program goals and accomplishments, academic achieve-3ments,] any and all evidence of rehabilitation and reform, including but 4 not limited to selection for participation in a temporary release 5 program, participation in other programming, therapeutic support, commu- 6 nity service, or vocational education, and any training or work assign- 7 ments that the department made available to the incarcerated person, 8 [therapy and interactions with] and statements of support from staff, 9 volunteers and [inmates] other incarcerated persons; (ii) [performance,10if any, as a participant in a temporary release program; (iii)] release 11 plans, including support from family members and community [resources] 12 networks, employment, [education] educational and training opportu- 13 nities, clinical, therapeutic and other reentry services, and any other 14 available support services [available to the inmate]; [(iv)] (iii) any 15 deportation order issued by the federal government against the [inmate] 16 incarcerated person while in the custody of the department and any 17 recommendation regarding deportation made by the commissioner of the 18 department pursuant to section one hundred forty-seven of the correction 19 law; (iv) the length of the determinate sentence to which the incarcer- 20 ated person would be subject had he or she received a sentence pursuant 21 to section 70.70 or section 70.71 of the penal law for a felony 22 defined in article two hundred twenty or article two hundred twenty-two 23 of the penal law; (v) any current or prior statement made to the board 24 by the crime victim or the victim's representative, where the crime 25 victim is deceased or is mentally or physically incapacitated; (vi) [the26length of the determinate sentence to which the inmate would be subject27had he or she received a sentence pursuant to section 70.70 or section2870.71 of the penal law for a felony defined in article two hundred twen-29ty or article two hundred twenty-one of the penal law; (vii)] the seri- 30 ousness of the offense with due consideration to the type of sentence, 31 length of sentence and recommendations of the sentencing court, the 32 district attorney, the attorney for the [inmate] incarcerated person, 33 the pre-sentence probation report as well as consideration of any miti- 34 gating and aggravating factors, and activities following arrest prior to 35 confinement; and [(viii)] (vii) prior criminal record, including the 36 nature and pattern of offenses, adjustment to any previous probation or 37 parole supervision and institutional confinement. In considering whether 38 there is a current and unreasonable risk the person will violate the law 39 if released and such risk cannot be mitigated by parole supervision, the 40 board shall not base their determination solely or primarily on any or 41 all of the factors contained in clauses (v) through (vii) of this 42 subparagraph. The board shall explain in writing in detailed, individ- 43 ualized, and non-conclusory terms the basis for a denial of parole, 44 including how the parole case record and the enumerated factors were 45 considered and weighed. The board shall provide toll free telephone 46 access for crime victims. In the case of an oral statement made in 47 accordance with subdivision one of section 440.50 of the criminal proce- 48 dure law, the parole board member shall present a written report of the 49 statement to the parole board. A crime victim's representative shall 50 mean the crime victim's closest surviving relative, the committee or 51 guardian of such person, or the legal representative of any such person. 52 Such statement submitted by the victim or victim's representative may 53 include information concerning threatening or intimidating conduct 54 toward the victim, the victim's representative, or the victim's family, 55 made by the person sentenced and occurring after the sentencing. Such 56 information may include, but need not be limited to, the threatening orS. 1415--A 3 1 intimidating conduct of any other person who or which is directed by the 2 person sentenced. Any statement by a victim or the victim's represen- 3 tative made to the board shall be maintained by the department in the 4 file provided to the board when interviewing the [inmate] incarcerated 5 person in consideration of release. A victim or victim's representative 6 who has submitted a written request to the department for the transcript 7 of such interview shall be provided such transcript as soon as it 8 becomes available. 9 § 2. The board shall report quarterly in writing to the governor, the 10 temporary president of the senate, the minority leader of the senate, 11 the speaker of the assembly, the minority leader of the assembly, and to 12 the chairpersons of the assembly committee on correction and the senate 13 committee on crime victims, crime and correction on denials of parole. 14 Written reports shall include the number of individuals denied parole 15 release each month, the articulated reasons for each denial, the 16 assigned commissioners in each case and a record of their votes, and 17 demographic information on each applicant denied including race, sex, 18 facility, and crime of conviction. Reports shall exclude information 19 that would identify the individual. Reports required by this section 20 shall be made available to the public and posted quarterly on the 21 websites maintained by the board of parole. 22 § 3. This act shall take effect immediately.