Bill Text: NY A00938 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - referred to correction [A00938 Detail]

Download: New_York-2019-A00938-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           938
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  JONES, ENGLEBRIGHT, RIVERA, DICKENS, D'URSO,
          LAVINE, ARROYO, BLAKE,  GIGLIO,  MONTESANO,  McDONOUGH,  RAIA,  RA  --
          Multi-Sponsored  by  -- M. of A. BARCLAY, COOK, CROUCH, HAWLEY -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03309-01-9
        A. 938                              2
     1  or the victim's representative, where the crime victim is deceased or is
     2  mentally or physically incapacitated; (vi) any statement in  support  or
     3  opposition  made  to the board by a third party; (vii) the length of the
     4  determinate  sentence to which the inmate would be subject had he or she
     5  received a sentence pursuant to section 70.70 or section  70.71  of  the
     6  penal  law for a felony defined in article two hundred twenty or article
     7  two hundred twenty-one of the penal law; [(vii)] (viii) the  seriousness
     8  of the offense with due consideration to the type of sentence, length of
     9  sentence  and  recommendations  of  the  sentencing  court, the district
    10  attorney, the attorney for the inmate, the pre-sentence probation report
    11  as well as consideration of any mitigating and aggravating factors,  and
    12  activities  following  arrest  prior  to  confinement; and [(viii)] (ix)
    13  prior criminal record, including the nature  and  pattern  of  offenses,
    14  adjustment  to any previous probation or parole supervision and institu-
    15  tional confinement. The board shall provide toll free  telephone  access
    16  for  crime  victims. In the case of an oral statement made in accordance
    17  with subdivision one of section 440.50 of the  criminal  procedure  law,
    18  the  parole board member shall present a written report of the statement
    19  to the parole board. A crime  victim's  representative  shall  mean  the
    20  crime  victim's closest surviving relative, the committee or guardian of
    21  such person, or the legal representative  of  any  such  person.    Such
    22  statement submitted by the victim or victim's representative may include
    23  information  concerning  threatening  or intimidating conduct toward the
    24  victim, the victim's representative, or the victim's family, made by the
    25  person sentenced and occurring after the  sentencing.  Such  information
    26  may include, but need not be limited to, the threatening or intimidating
    27  conduct  of  any  other  person  who  or which is directed by the person
    28  sentenced. Any statement by a victim or the victim's representative made
    29  to the board shall be maintained by the department in the file  provided
    30  to the board when interviewing the inmate in consideration of release. A
    31  victim or victim's representative who has submitted a written request to
    32  the  department  for  the transcript of such interview shall be provided
    33  such transcript as soon as it becomes available.
    34    § 2. Subparagraph (B) of paragraph (c) of  subdivision  2  of  section
    35  259-i of the executive law, as separately amended by chapters 40 and 126
    36  of the laws of 1999, is amended to read as follows:
    37    (B)  Where  a  crime  victim  or victim's representative as defined in
    38  subparagraph (A) of this paragraph [, or other person]  submits  to  the
    39  parole  board  a  written statement concerning the release of an inmate,
    40  such statement shall be deemed  confidential  and  shall  only  be  made
    41  available  to  the  parole  board [shall keep that individual's name and
    42  address confidential] for use in rendering parole decisions.
    43    § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
    44  amended by chapter 193 of the laws  of  2017,  is  amended  to  read  as
    45  follows:
    46    1.  Upon  the  request  of a victim of a crime, or in any event in all
    47  cases in which the final disposition includes a conviction of a  violent
    48  felony  offense  as  defined in section 70.02 of the penal law, a felony
    49  defined in article one hundred twenty-five of  such  law,  or  a  felony
    50  defined in article one hundred thirty of such law, the district attorney
    51  shall,  within  sixty  days of the final disposition of the case, inform
    52  the victim by letter of such final disposition. If such  final  disposi-
    53  tion  results  in  the commitment of the defendant to the custody of the
    54  department of corrections and community supervision for an indeterminate
    55  sentence, the notice provided to the crime victim shall also inform  the
    56  victim  of  his  or  her right to submit a written, audiotaped, or vide-
        A. 938                              3
     1  otaped victim impact statement to  the  department  of  corrections  and
     2  community  supervision  or to meet personally with a member of the state
     3  board of parole at a time and place separate from the personal interview
     4  between  a member or members of the board and the inmate and make such a
     5  statement, subject to procedures and limitations contained in  rules  of
     6  the  board,  both  pursuant  to  subdivision  two of section two hundred
     7  fifty-nine-i of the executive law. Such notice shall inform  the  victim
     8  that  a written, audiotaped, or videotaped victim impact statement shall
     9  be deemed confidential and shall only be made  available  to  the  state
    10  board  of  parole  for use in rendering parole decisions. A copy of such
    11  letter shall be provided to the board of parole. The right of the victim
    12  under this subdivision to submit a written victim impact statement or to
    13  meet personally with a member of the state board of  parole  applies  to
    14  each personal interview between a member or members of the board and the
    15  inmate.
    16    §  4.  This  act shall take effect on the ninetieth day after it shall
    17  have become a law. Effective immediately, the addition, amendment and/or
    18  repeal of any rule or regulation necessary  for  the  implementation  of
    19  this  act  on its effective date are authorized to be made and completed
    20  on or before such effective date.