Bill Text: NY A04034 | 2017-2018 | General Assembly | Introduced

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Bill Title: Removes depreciation of the severity of the crime from consideration of discretionary release.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-02-27 - reported referred to codes [A04034 Detail]

Download: New_York-2017-A04034-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4034
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2017
                                       ___________
        Introduced  by  M.  of A. WEPRIN, O'DONNELL -- read once and referred to
          the Committee on Correction
        AN ACT to amend the executive law and the correction law, in relation to
          consideration of discretionary release
          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
    24  or the victim's representative, where the crime victim is deceased or is
    25  mentally or physically incapacitated; (vi) the length of the determinate
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04922-01-7
        A. 4034                             2
     1  sentence to which the inmate would be subject had he or she  received  a
     2  sentence pursuant to section 70.70 or section 70.71 of the penal law for
     3  a  felony  defined  in article two hundred twenty or article two hundred
     4  twenty-one  of  the penal law; (vii) the seriousness of the offense with
     5  due consideration to the type of sentence, length of sentence and recom-
     6  mendations of the sentencing court, the district attorney, the  attorney
     7  for  the  inmate, the pre-sentence probation report as well as consider-
     8  ation of any mitigating and aggravating factors, and activities  follow-
     9  ing  arrest  prior  to  confinement;  and  (viii) prior criminal record,
    10  including the nature and pattern of offenses, adjustment to any previous
    11  probation or parole supervision and institutional confinement. The board
    12  shall provide toll free telephone access for crime victims. In the  case
    13  of  an oral statement made in accordance with subdivision one of section
    14  440.50 of the criminal procedure law,  the  parole  board  member  shall
    15  present  a  written report of the statement to the parole board. A crime
    16  victim's representative shall mean the crime victim's closest  surviving
    17  relative,  the committee or guardian of such person, or the legal repre-
    18  sentative of any such person.  Such statement submitted by the victim or
    19  victim's representative may include information  concerning  threatening
    20  or  intimidating conduct toward the victim, the victim's representative,
    21  or the victim's family, made by the person sentenced and occurring after
    22  the sentencing. Such information may include, but need  not  be  limited
    23  to,  the  threatening or intimidating conduct of any other person who or
    24  which is directed by the person sentenced. Any statement by a victim  or
    25  the victim's representative made to the board shall be maintained by the
    26  department  in  the  file  provided  to  the board when interviewing the
    27  inmate in consideration of release. A victim or victim's  representative
    28  who has submitted a written request to the department for the transcript
    29  of  such  interview  shall  be  provided  such  transcript as soon as it
    30  becomes available.
    31    § 2. Paragraph (b) of subdivision 1 of section 259-r of the  executive
    32  law,  as amended by section 38-l of subpart A of part C of chapter 62 of
    33  the laws of 2011, is amended to read as follows:
    34    (b) Such release shall be  granted  only  after  the  board  considers
    35  whether,  in light of the inmate's medical condition, there is a reason-
    36  able probability that the inmate, if released, will live and  remain  at
    37  liberty  without  violating the law, and that such release is not incom-
    38  patible with the welfare of society [and will not so deprecate the seri-
    39  ousness of the crime as to undermine respect for the law], and shall  be
    40  subject  to  the  limits and conditions specified in subdivision four of
    41  this section. Except as set forth in paragraph (a) of this  subdivision,
    42  such  release  may be granted at any time during the term of an inmate's
    43  sentence, notwithstanding any other provision of law.
    44    § 3. Paragraph (b) of subdivision 1 of section 259-s of the  executive
    45  law,  as amended by section 38-m of subpart A of part C of chapter 62 of
    46  the laws of 2011, is amended to read as follows:
    47    (b) Such release shall be  granted  only  after  the  board  considers
    48  whether,  in light of the inmate's medical condition, there is a reason-
    49  able probability that the inmate, if released, will live and  remain  at
    50  liberty  without  violating the law, and that such release is not incom-
    51  patible with the welfare of society [and will not so deprecate the seri-
    52  ousness of the crime as to undermine respect for the law], and shall  be
    53  subject  to  the  limits and conditions specified in subdivision four of
    54  this section. In making this determination, the  board  shall  consider:
    55  (i)  the nature and seriousness of the inmate's crime; (ii) the inmate's
    56  prior criminal record; (iii) the inmate's disciplinary,  behavioral  and
        A. 4034                             3
     1  rehabilitative  record during the term of his or her incarceration; (iv)
     2  the amount of time the inmate must serve before  becoming  eligible  for
     3  release  pursuant  to  section two hundred fifty-nine-i of this article;
     4  (v)  the current age of the inmate and his or her age at the time of the
     5  crime; (vi) the recommendations of the sentencing  court,  the  district
     6  attorney and the victim or the victim's representative; (vii) the nature
     7  of the inmate's medical condition, disease or syndrome and the extent of
     8  medical  treatment  or  care that the inmate will require as a result of
     9  that condition, disease or  syndrome;  and  (viii)  any  other  relevant
    10  factor.  Except  as set forth in paragraph (a) of this subdivision, such
    11  release may be granted at any  time  during  the  term  of  an  inmate's
    12  sentence, notwithstanding any other provision of law.
    13    § 4. Subdivision 2 of section 273 of the correction law, as amended by
    14  section  1  of  part SS of chapter 56 of the laws of 2009, is amended to
    15  read as follows:
    16    2. The commission shall review and make a determination on each appli-
    17  cation within thirty days of receipt of such  application.  No  determi-
    18  nation  granting  or denying such application shall be valid unless made
    19  by a majority vote of at least  three  commission  members  present.  No
    20  release  shall be granted unless there is a reasonable probability that,
    21  if such inmate is released, he or she shall live and remain  at  liberty
    22  without  violating the law, and that his or her release is not incompat-
    23  ible with the welfare of society [and shall not so deprecate  the  seri-
    24  ousness of his or her crime as to undermine respect for law].
    25    § 5. This act shall take effect immediately.