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.
LBD07255-01-9
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.