Bill Text: NY A04704 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that any person interested in the grant or denial of discretionary release shall have the right to submit a written statement of views in support of or in opposition to the granting of discretionary release which the parole board may consider.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced) 2024-01-03 - referred to correction [A04704 Detail]
Download: New_York-2023-A04704-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4704 2023-2024 Regular Sessions IN ASSEMBLY February 22, 2023 ___________ Introduced by M. of A. MCGOWAN -- read once and referred to the Commit- tee on Correction AN ACT to amend the executive law, in relation to third party statements to the parole board 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 322 of the 3 laws of 2021 is amended to read as follows: 4 (A) Discretionary release on parole shall not be granted merely as a 5 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 incarcerated individual is released, he or she will live 8 and remain at liberty without violating the law, and that his or her 9 release is not incompatible with the welfare of society and will not so 10 deprecate the seriousness of his or her crime as to undermine respect 11 for law. In making the parole release decision, the procedures adopted 12 pursuant to subdivision four of section two hundred fifty-nine-c of this 13 article shall require that the following be considered: (i) the institu- 14 tional record including program goals and accomplishments, academic 15 achievements, vocational education, training or work assignments, thera- 16 py and interactions with staff and incarcerated individuals; (ii) 17 performance, if any, as a participant in a temporary release program; 18 (iii) release plans including community resources, employment, education 19 and training and support services available to the incarcerated individ- 20 ual; (iv) any deportation order issued by the federal government against 21 the incarcerated individual while in the custody of the department and 22 any recommendation regarding deportation made by the commissioner of the 23 department pursuant to section one hundred forty-seven of the correction 24 law; (v) any current or prior statement made to the board by the crime 25 victim or the victim's representative, where the crime victim is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00198-01-3A. 4704 2 1 deceased or is mentally or physically incapacitated; (vi) the length of 2 the determinate sentence to which the incarcerated individual would be 3 subject had he or she received a sentence pursuant to section 70.70 or 4 section 70.71 of the penal law for a felony defined in article two 5 hundred twenty or article two hundred twenty-one of the penal law; (vii) 6 the seriousness of the offense with due consideration to the type of 7 sentence, length of sentence and recommendations of the sentencing 8 court, the district attorney, the attorney for the incarcerated individ- 9 ual, the pre-sentence probation report as well as consideration of any 10 mitigating and aggravating factors, and activities following arrest 11 prior to confinement; and (viii) prior criminal record, including the 12 nature and pattern of offenses, adjustment to any previous probation or 13 parole supervision and institutional confinement. The board shall 14 provide toll free telephone access for crime victims. In the case of an 15 oral statement made in accordance with subdivision one of section 440.50 16 of the criminal procedure law, the parole board member shall present a 17 written report of the statement to the parole board. A crime victim's 18 representative shall mean the crime victim's closest surviving relative, 19 the committee or guardian of such person, or the legal representative of 20 any such person. Such statement submitted by the victim or victim's 21 representative may include information concerning threatening or intim- 22 idating conduct toward the victim, the victim's representative, or the 23 victim's family, made by the person sentenced and occurring after the 24 sentencing. Such information may include, but need not be limited to, 25 the threatening or intimidating conduct of any other person who or which 26 is directed by the person sentenced. Any statement by a victim or the 27 victim's representative made to the board shall be maintained by the 28 department in the file provided to the board when interviewing the 29 incarcerated individual in consideration of release. A victim or 30 victim's representative who has submitted a written request to the 31 department for the transcript of such interview shall be provided such 32 transcript as soon as it becomes available. Any person interested in 33 the grant or denial of discretionary release under this subdivision 34 shall have the right to submit a written statement of views in support 35 of or in opposition to the granting of discretionary release which the 36 board may consider, except that the board may exclude from consideration 37 information which is irrelevant or unreliable. 38 § 2. This act shall take effect immediately.
