Bill Text: NY S07224 | 2015-2016 | General Assembly | Introduced


Bill Title: Requires statements made to the state board of parole by the victim of a crime be considered when determining whether to grant a discretionary release on parole.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-14 - SUBSTITUTED BY A9696 [S07224 Detail]

Download: New_York-2015-S07224-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7224
                    IN SENATE
                                      April 7, 2016
                                       ___________
        Introduced  by  Sen.  MURPHY -- 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 statements made to the
          state board of parole by the victim of a crime
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    § 1. Subparagraph (A) of paragraph (c) of  subdivision  2  of  section
     2  259-i  of the executive law, as amended by section 38-f-1 of the subpart
     3  A of part C of chapter 62 of the laws of 2011, is  amended  to  read  as
     4  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 current or prior statement made to the board by the crime victim
    25  or the victim's representative, where the crime victim is deceased or is
    26  mentally or physically incapacitated; (vi) the length of the determinate
    27  sentence  to  which the inmate would be subject had he or she received a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14871-01-6
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