Bill Text: NY A03475 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to parole eligibility for certain incarcerated persons age fifty-five or older.

Spectrum: Partisan Bill (Democrat 63-0)

Status: (Introduced) 2021-04-26 - print number 3475a [A03475 Detail]

Download: New_York-2021-A03475-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3475--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2021
                                       ___________

        Introduced  by M. of A. DE LA ROSA, CARROLL, AUBRY, CRUZ, LAVINE, PERRY,
          KIM, GOTTFRIED, O'DONNELL, SIMON, EPSTEIN, BARRON,  REYES,  RODRIGUEZ,
          WALKER,  D. ROSENTHAL, COOK, ROZIC, PICHARDO, TAYLOR, DICKENS, JOYNER,
          L. ROSENTHAL, NIOU, FAHY, DARLING, HYNDMAN, VANEL,  FERNANDEZ,  GLICK,
          MITAYNES,  STECK,  GONZALEZ-ROJAS, KELLES, BURGOS, GALLAGHER, MAMDANI,
          ANDERSON, SEPTIMO, FORREST, BURDICK, CLARK, DAVILA,  ZINERMAN,  RAMOS,
          HUNTER,  MEEKS,  JACKSON, SOLAGES, McDONALD, SAYEGH -- Multi-Sponsored
          by -- M. of A. FRONTUS, HEVESI, QUART -- read once and referred to the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to parole eligibility for
          certain incarcerated persons aged fifty-five or older

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 259-c of the executive law is amended by adding two
     2  new subdivisions 18 and 19 to read as follows:
     3    18. notwithstanding any other section of law, where a person serving a
     4  sentence  of  incarceration  has  served at least fifteen years of their
     5  sentence or sentences and has reached the age of fifty-five or  greater,
     6  conduct  an  interview  within  sixty  days  of the date of the person's
     7  fifty-fifth birthday or the last day of  the  fifteenth  year  of  their
     8  sentence,  whichever  is  later,  pursuant to section two hundred fifty-
     9  nine-i of this article  to  determine  whether  such  person  should  be
    10  released  to community supervision. If the board determines that release
    11  is  appropriate  pursuant  to  the  terms    of  section   two   hundred
    12  fifty-nine-i of this article, then the board shall release the person to
    13  community  supervision.    If  release  to  community supervision is not
    14  granted, the person shall be informed in writing  within  two  weeks  of
    15  such  appearance  of  the  factors  and  reasons  for the denial of such
    16  release and the board shall specify a date  not  more  than  twenty-four
    17  months  from  such determination for reconsideration, and the procedures

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02819-08-1

        A. 3475--A                          2

     1  to be followed upon reconsideration shall be the  same.  If  release  to
     2  community supervision is granted, the board shall set release conditions
     3  and  the  provisions of this section shall otherwise apply as though the
     4  person was released after the completion of his or her minimum sentence.
     5  The  release  assessment  and determination required by this subdivision
     6  shall be in addition to, and may not replace, other release  assessments
     7  and determinations required by law.
     8    19.  submit  reports, quarterly, to the governor, the temporary presi-
     9  dent of the senate, the speaker of the assembly, the minority leader  of
    10  the  senate, the minority leader of the assembly, the chairperson of the
    11  senate committee on crime victims, crime and correction, and the  chair-
    12  person  of  the  assembly  committee  on  correction. Such reports shall
    13  include: (i) the number  of  parole  interviews  held  pursuant  to  the
    14  requirements  of subdivision eighteen of this section; (ii) the outcomes
    15  of parole interviews held pursuant to the  requirements  of  subdivision
    16  eighteen of this section; and (iii) where parole was denied following an
    17  interview  held  pursuant to the requirements of subdivision eighteen of
    18  this section, the articulated reasons for each denial,  the  members  of
    19  the  board  assigned  in  each case and a record of their votes, and the
    20  race, sex, facility, and crime of conviction of each  denied  applicant.
    21  Such reports shall not include personally identifiable information about
    22  applicants.    Reports  required  by this subdivision shall be published
    23  quarterly on a publicly accessible website maintained by the board.
    24    § 2. This act shall take effect immediately; provided that all persons
    25  who meet the eligibility requirements established by section one of this
    26  act upon the effective date of this  act  shall  be  interviewed  within
    27  sixty days of such date.
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