Bill Text: NY A10692 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-05-10 - referred to correction [A10692 Detail]
Download: New_York-2017-A10692-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10692 IN ASSEMBLY May 10, 2018 ___________ Introduced by M. of A. JONES -- read once and referred to the Committee on Correction AN ACT to amend the executive law and the criminal procedure law, in relation to statements to the state board of 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 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 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. In making the parole release 11 decision, the procedures adopted pursuant to subdivision four of section 12 two hundred fifty-nine-c of this article shall require that the follow- 13 ing be considered: (i) the institutional record including program goals 14 and accomplishments, academic achievements, vocational education, train- 15 ing or work assignments, therapy and interactions with staff and 16 inmates; (ii) performance, if any, as a participant in a temporary 17 release program; (iii) release plans including community resources, 18 employment, education and training and support services available to the 19 inmate; (iv) any deportation order issued by the federal government 20 against the inmate while in the custody of the department and any recom- 21 mendation regarding deportation made by the commissioner of the depart- 22 ment pursuant to section one hundred forty-seven of the correction law; 23 (v) any current or prior statement made to the board by the crime victim 24 or the victim's representative, where the crime victim is deceased or is 25 mentally or physically incapacitated; (vi) any statement in support or 26 opposition made to the board by a third party; (vii) the length of the 27 determinate sentence to which the inmate would be subject had he or she 28 received a sentence pursuant to section 70.70 or section 70.71 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13855-04-8A. 10692 2 1 penal law for a felony defined in article two hundred twenty or article 2 two hundred twenty-one of the penal law; [(vii)] (viii) the seriousness 3 of the offense with due consideration to the type of sentence, length of 4 sentence and recommendations of the sentencing court, the district 5 attorney, the attorney for the inmate, the pre-sentence probation report 6 as well as consideration of any mitigating and aggravating factors, and 7 activities following arrest prior to confinement; and [(viii)] (ix) 8 prior criminal record, including the nature and pattern of offenses, 9 adjustment to any previous probation or parole supervision and institu- 10 tional confinement. The board shall provide toll free telephone access 11 for crime victims. In the case of an oral statement made in accordance 12 with subdivision one of section 440.50 of the criminal procedure law, 13 the parole board member shall present a written report of the statement 14 to the parole board. A crime victim's representative shall mean the 15 crime victim's closest surviving relative, the committee or guardian of 16 such person, or the legal representative of any such person. Such 17 statement submitted by the victim or victim's representative may include 18 information concerning threatening or intimidating conduct toward the 19 victim, the victim's representative, or the victim's family, made by the 20 person sentenced and occurring after the sentencing. Such information 21 may include, but need not be limited to, the threatening or intimidating 22 conduct of any other person who or which is directed by the person 23 sentenced. Any statement by a victim or the victim's representative made 24 to the board shall be maintained by the department in the file provided 25 to the board when interviewing the inmate in consideration of release. A 26 victim or victim's representative who has submitted a written request to 27 the department for the transcript of such interview shall be provided 28 such transcript as soon as it becomes available. 29 § 2. Subparagraph (B) of paragraph (c) of subdivision 2 of section 30 259-i of the executive law, as separately amended by chapters 40 and 126 31 of the laws of 1999, is amended to read as follows: 32 (B) Where a crime victim or victim's representative as defined in 33 subparagraph (A) of this paragraph [, or other person] submits to the 34 parole board a written statement concerning the release of an inmate, 35 such statement shall be deemed confidential and shall only be made 36 available to the parole board [shall keep that individual's name and37address confidential] for use in rendering parole decisions. 38 § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as 39 amended by chapter 193 of the laws of 2017, is amended to read as 40 follows: 41 1. Upon the request of a victim of a crime, or in any event in all 42 cases in which the final disposition includes a conviction of a violent 43 felony offense as defined in section 70.02 of the penal law, a felony 44 defined in article one hundred twenty-five of such law, or a felony 45 defined in article one hundred thirty of such law, the district attorney 46 shall, within sixty days of the final disposition of the case, inform 47 the victim by letter of such final disposition. If such final disposi- 48 tion results in the commitment of the defendant to the custody of the 49 department of corrections and community supervision for an indeterminate 50 sentence, the notice provided to the crime victim shall also inform the 51 victim of his or her right to submit a written, audiotaped, or vide- 52 otaped victim impact statement to the department of corrections and 53 community supervision or to meet personally with a member of the state 54 board of parole at a time and place separate from the personal interview 55 between a member or members of the board and the inmate and make such a 56 statement, subject to procedures and limitations contained in rules ofA. 10692 3 1 the board, both pursuant to subdivision two of section two hundred 2 fifty-nine-i of the executive law. Such notice shall inform the victim 3 that a written, audiotaped, or videotaped victim impact statement shall 4 be deemed confidential and shall only be made available to the state 5 board of parole for use in rendering parole decisions. A copy of such 6 letter shall be provided to the board of parole. The right of the victim 7 under this subdivision to submit a written victim impact statement or to 8 meet personally with a member of the state board of parole applies to 9 each personal interview between a member or members of the board and the 10 inmate. 11 § 4. This act shall take effect on the ninetieth day after it shall 12 have become a law. Effective immediately, the addition, amendment and/or 13 repeal of any rule or regulation necessary for the implementation of 14 this act on its effective date are authorized to be made and completed 15 on or before such effective date.
