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 duties
     6  while confined but after considering if there is a reasonable probabili-
     7  ty 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  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.
                                                                   LBD07240-02-1

        S. 1415--A                          2

     1  shall  require  that the following be considered: (i) [the institutional
     2  record including program goals and  accomplishments,  academic  achieve-
     3  ments,] 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,
    10  if 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) [the
    26  length of the determinate sentence to which the inmate would be  subject
    27  had  he  or she received a sentence pursuant to section 70.70 or section
    28  70.71 of the penal law for a felony defined in article two hundred twen-
    29  ty 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 or

        S. 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.
feedback