Bill Text: NY A02119 | 2015-2016 | General Assembly | Introduced
Bill Title: Removes depreciation of the severity of the crime from consideration of discretionary release.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-06 - reported referred to rules [A02119 Detail]
Download: New_York-2015-A02119-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2119
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Correction
AN ACT to amend the executive law and the correction law, in relation to
consideration of discretionary release
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 section 38-f-1 of
3 subpart A of part C of chapter 62 of the laws of 2011, is amended to
4 read as follows:
5 (A) Discretionary release on parole shall not be granted merely as a
6 reward for good conduct or efficient performance of duties while
7 confined but after considering if there is a reasonable probability
8 that, if such inmate is released, he will live and remain at liberty
9 without violating the law, and that his release is not incompatible with
10 the welfare of society [and will not so deprecate the seriousness of his
11 crime as to undermine respect for law]. In making the parole release
12 decision, the procedures adopted pursuant to subdivision four of section
13 two hundred fifty-nine-c of this article shall require that the follow-
14 ing be considered: (i) the institutional record including program goals
15 and accomplishments, academic achievements, vocational education, train-
16 ing or work assignments, therapy and interactions with staff and
17 inmates; (ii) performance, if any, as a participant in a temporary
18 release program; (iii) release plans including community resources,
19 employment, education and training and support services available to the
20 inmate; (iv) any deportation order issued by the federal government
21 against the inmate while in the custody of the department and any recom-
22 mendation regarding deportation made by the commissioner of the depart-
23 ment pursuant to section one hundred forty-seven of the correction law;
24 (v) any statement made to the board by the crime victim or the victim's
25 representative, where the crime victim is deceased or is mentally or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05490-01-5
A. 2119 2
1 physically incapacitated; (vi) the length of the determinate sentence to
2 which the inmate would be subject had he or she received a sentence
3 pursuant to section 70.70 or section 70.71 of the penal law for a felony
4 defined in article two hundred twenty or article two hundred twenty-one
5 of the penal law; (vii) the seriousness of the offense with due consid-
6 eration to the type of sentence, length of sentence and recommendations
7 of the sentencing court, the district attorney, the attorney for the
8 inmate, the pre-sentence probation report as well as consideration of
9 any mitigating and aggravating factors, and activities following arrest
10 prior to confinement; and (viii) prior criminal record, including the
11 nature and pattern of offenses, adjustment to any previous probation or
12 parole supervision and institutional confinement. The board shall
13 provide toll free telephone access for crime victims. In the case of an
14 oral statement made in accordance with subdivision one of section 440.50
15 of the criminal procedure law, the parole board member shall present a
16 written report of the statement to the parole board. A crime victim's
17 representative shall mean the crime victim's closest surviving relative,
18 the committee or guardian of such person, or the legal representative of
19 any such person. Such statement submitted by the victim or victim's
20 representative may include information concerning threatening or intim-
21 idating conduct toward the victim, the victim's representative, or the
22 victim's family, made by the person sentenced and occurring after the
23 sentencing. Such information may include, but need not be limited to,
24 the threatening or intimidating conduct of any other person who or which
25 is directed by the person sentenced.
26 S 2. Paragraph (b) of subdivision 1 of section 259-r of the executive
27 law, as amended by section 38-l of subpart A of part C of chapter 62 of
28 the laws of 2011, is amended to read as follows:
29 (b) Such release shall be granted only after the board considers
30 whether, in light of the inmate's medical condition, there is a reason-
31 able probability that the inmate, if released, will live and remain at
32 liberty without violating the law, and that such release is not incom-
33 patible with the welfare of society [and will not so deprecate the seri-
34 ousness of the crime as to undermine respect for the law], and shall be
35 subject to the limits and conditions specified in subdivision four of
36 this section. Except as set forth in paragraph (a) of this subdivision,
37 such release may be granted at any time during the term of an inmate's
38 sentence, notwithstanding any other provision of law.
39 S 3. Paragraph (b) of subdivision 1 of section 259-s of the executive
40 law, as amended by section 38-m of subpart A of part C of chapter 62 of
41 the laws of 2011, is amended to read as follows:
42 (b) Such release shall be granted only after the board considers
43 whether, in light of the inmate's medical condition, there is a reason-
44 able probability that the inmate, if released, will live and remain at
45 liberty without violating the law, and that such release is not incom-
46 patible with the welfare of society [and will not so deprecate the seri-
47 ousness of the crime as to undermine respect for the law], and shall be
48 subject to the limits and conditions specified in subdivision four of
49 this section. In making this determination, the board shall consider:
50 (i) the nature and seriousness of the inmate's crime; (ii) the inmate's
51 prior criminal record; (iii) the inmate's disciplinary, behavioral and
52 rehabilitative record during the term of his or her incarceration; (iv)
53 the amount of time the inmate must serve before becoming eligible for
54 release pursuant to section two hundred fifty-nine-i of this article;
55 (v) the current age of the inmate and his or her age at the time of the
56 crime; (vi) the recommendations of the sentencing court, the district
A. 2119 3
1 attorney and the victim or the victim's representative; (vii) the nature
2 of the inmate's medical condition, disease or syndrome and the extent of
3 medical treatment or care that the inmate will require as a result of
4 that condition, disease or syndrome; and (viii) any other relevant
5 factor. Except as set forth in paragraph (a) of this subdivision, such
6 release may be granted at any time during the term of an inmate's
7 sentence, notwithstanding any other provision of law.
8 S 4. Subdivision 2 of section 273 of the correction law, as amended by
9 section 1 of part SS of chapter 56 of the laws of 2009, is amended to
10 read as follows:
11 2. The commission shall review and make a determination on each appli-
12 cation within thirty days of receipt of such application. No determi-
13 nation granting or denying such application shall be valid unless made
14 by a majority vote of at least three commission members present. No
15 release shall be granted unless there is a reasonable probability that,
16 if such inmate is released, he or she shall live and remain at liberty
17 without violating the law, and that his or her release is not incompat-
18 ible with the welfare of society [and shall not so deprecate the seri-
19 ousness of his or her crime as to undermine respect for law].
20 S 5. This act shall take effect immediately.
