Bill Text: NY A04291 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to deference in discretionary release on parole.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to correction [A04291 Detail]
Download: New_York-2019-A04291-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4291 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. WEPRIN, O'DONNELL -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to deference in discre- tionary release on 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 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. LBD07255-01-9A. 4291 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] deference to the type of sentence, length of 6 sentence and recommendations of the sentencing court, and due consider- 7 ation to the recommendations of the district attorney, the attorney for 8 the inmate, the pre-sentence probation report as well as consideration 9 of any mitigating and aggravating factors, and activities following 10 arrest prior to confinement; and (viii) prior criminal record, including 11 the nature and pattern of offenses, adjustment to any previous probation 12 or parole supervision and institutional confinement. The board shall 13 provide toll free telephone access for crime victims. In the case of an 14 oral statement made in accordance with subdivision one of section 440.50 15 of the criminal procedure law, the parole board member shall present a 16 written report of the statement to the parole board. A crime victim's 17 representative shall mean the crime victim's closest surviving relative, 18 the committee or guardian of such person, or the legal representative of 19 any such person. Such statement submitted by the victim or victim's 20 representative may include information concerning threatening or intim- 21 idating conduct toward the victim, the victim's representative, or the 22 victim's family, made by the person sentenced and occurring after the 23 sentencing. Such information may include, but need not be limited to, 24 the threatening or intimidating conduct of any other person who or which 25 is directed by the person sentenced. Any statement by a victim or the 26 victim's representative made to the board shall be maintained by the 27 department in the file provided to the board when interviewing the 28 inmate in consideration of release. A victim or victim's representative 29 who has submitted a written request to the department for the transcript 30 of such interview shall be provided such transcript as soon as it 31 becomes available. 32 § 2. This act shall take effect immediately.