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) 2019-02-04 - referred to correction [A04291 Detail]

Download: New_York-2019-A04291-Introduced.html

                STATE OF NEW YORK
                               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.

        A. 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.