Bill Text: NY A01401 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires inmates to have an acceptable residence to qualify for parole.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to correction [A01401 Detail]
Download: New_York-2011-A01401-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1448 A. 1401 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 7, 2011 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to requiring inmates to have an acceptable residence to qualify for 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 section 12 of part AAA 3 of chapter 56 of the laws of 2009, 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 guidelines 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 interpersonal relationships with 16 staff and inmates; (ii) performance, if any, as a participant in a 17 temporary release program; (iii) release plans [including] SHALL 18 INCLUDE, IN ADDITION TO community resources, employment, education and 19 training and support services available to the inmate, AN ACCEPTABLE 20 RESIDENCE. IN ORDER FOR A RESIDENCE TO BE AN ACCEPTABLE RESIDENCE AND 21 QUALIFY THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A PERMA- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03844-01-1 S. 1448 2 A. 1401 1 NENT RESIDENCE, AND NOT A TEMPORARY SHELTER INCLUDING, BUT NOT LIMITED 2 TO, A HOMELESS SHELTER, MOTEL/HOTEL, OR TRAILER, AND SHALL ALLOW THE 3 INMATE TO COMPLY WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING 4 PLACEMENT OF REGISTERED SEX OFFENDERS; (iv) any deportation order issued 5 by the federal government against the inmate while in the custody of the 6 department of correctional services and any recommendation regarding 7 deportation made by the commissioner of the department of correctional 8 services pursuant to section one hundred forty-seven of the correction 9 law; (v) any statement made to the board by the crime victim or the 10 victim's representative, where the crime victim is deceased or is 11 mentally or physically incapacitated; and (vi) the length of the deter- 12 minate sentence to which the inmate would be subject had he or she 13 received a sentence pursuant to section 70.70 or section 70.71 of the 14 penal law for a felony defined in article two hundred twenty or article 15 two hundred twenty-one of the penal law. The board shall provide toll 16 free telephone access for crime victims. In the case of an oral state- 17 ment made in accordance with subdivision one of section 440.50 of the 18 criminal procedure law, the parole board member shall present a written 19 report of the statement to the parole board. A crime victim's represen- 20 tative shall mean the crime victim's closest surviving relative, the 21 committee or guardian of such person, or the legal representative of any 22 such person. Such statement submitted by the victim or victim's repre- 23 sentative may include information concerning threatening or intimidating 24 conduct toward the victim, the victim's representative, or the victim's 25 family, made by the person sentenced and occurring after the sentencing. 26 Such information may include, but need not be limited to, the threaten- 27 ing or intimidating conduct of any other person who or which is directed 28 by the person sentenced. Notwithstanding the provisions of this section, 29 in making the parole release decision for persons whose minimum period 30 of imprisonment was not fixed pursuant to the provisions of subdivision 31 one of this section, in addition to the factors listed in this paragraph 32 the board shall consider the factors listed in paragraph (a) of subdivi- 33 sion one of this section. 34 S 2. This act shall take effect immediately.