Bill Text: NY S06391 | 2021-2022 | General Assembly | Introduced

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Bill Title: Modifies the factors to be considered when making a parole release decision; updates the term "inmate" to "incarcerated person".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S06391 Detail]

Download: New_York-2021-S06391-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6391

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 26, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Crime Victims, Crime and
          Correction

        AN ACT to amend the executive law, in relation to modifying the  factors
          to be considered when making a parole release decision

          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 or she will live and remain at
     8  liberty without violating the law, and that his or her  release  is  not
     9  incompatible  with  the welfare of society and will not so deprecate the
    10  seriousness of his or her crime as to  undermine  respect  for  law.  In
    11  making  the  parole release decision, the procedures adopted pursuant to
    12  subdivision four of section two hundred  fifty-nine-c  of  this  article
    13  shall  require  that  the following be considered: (i) the institutional
    14  record including program goals and  accomplishments,  academic  achieve-
    15  ments,  vocational  education, training or work assignments, therapy and
    16  interactions with staff and [inmates] incarcerated people; (ii) perform-
    17  ance, if any, as a participant in a  temporary  release  program;  (iii)
    18  release  plans  including community resources, employment, education and
    19  training and support services available  to  the  [inmate]  incarcerated
    20  person;  (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 current or prior statement made to the board by the crime victim

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10947-01-1
        S. 6391                             2

     1  or the victim's representative, where the crime victim is deceased or is
     2  mentally or physically incapacitated; (vi) the length of the determinate
     3  sentence to which the inmate would be subject had he or she  received  a
     4  sentence pursuant to section 70.70 or section 70.71 of the penal law for
     5  a  felony  defined in article two hundred twenty [or article two hundred
     6  twenty-one] of the penal law; (vii) the [seriousness of the offense with
     7  due consideration to the type  of  sentence,  length  of  sentence  and]
     8  recommendations  of  the  sentencing  court,  the district attorney, the
     9  attorney for the [inmate]  incarcerated  person,  and  the  pre-sentence
    10  probation  report  as well as consideration of any mitigating and aggra-
    11  vating factors[, and activities following arrest prior to  confinement];
    12  and  (viii)  prior  criminal record, including the nature and pattern of
    13  offenses, adjustment to any previous probation or parole supervision and
    14  institutional confinement. The board shall provide toll  free  telephone
    15  access  for  crime  victims.  In  the  case of an oral statement made in
    16  accordance with subdivision one of section 440.50 of the criminal proce-
    17  dure law, the parole board member shall present a written report of  the
    18  statement  to  the  parole  board. A crime victim's representative shall
    19  mean the crime victim's closest surviving  relative,  the  committee  or
    20  guardian of such person, or the legal representative of any such person.
    21  Such  statement  submitted  by the victim or victim's representative may
    22  include  information  concerning  threatening  or  intimidating  conduct
    23  toward  the victim, the victim's representative, or the victim's family,
    24  made by the person sentenced and occurring after  the  sentencing.  Such
    25  information  may include, but need not be limited to, the threatening or
    26  intimidating conduct of any other person who or which is directed by the
    27  person sentenced. Any statement by a victim or  the  victim's  represen-
    28  tative  made  to  the board shall be maintained by the department in the
    29  file provided to the board when interviewing the  [inmate]  incarcerated
    30  person  in consideration of release. A victim or victim's representative
    31  who has submitted a written request to the department for the transcript
    32  of such interview shall be  provided  such  transcript  as  soon  as  it
    33  becomes available.
    34    § 2. This act shall take effect immediately.