Bill Text: NY A09501 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to deference in discretionary release on parole.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-02 - reported referred to rules [A09501 Detail]

Download: New_York-2013-A09501-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9501
                                 I N  A S S E M B L Y
                                      May 5, 2014
                                      ___________
       Introduced  by  M.  of  A.  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 section 38-f-1 of
    3  subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
    4  read as follows:
    5    (A)  Discretionary  release on parole shall not be granted merely as a
    6  reward for  good  conduct  or  efficient  performance  of  duties  while
    7  confined  but  after  considering  if  there is a reasonable probability
    8  that, if such inmate is released, he will live  and  remain  at  liberty
    9  without violating the law, and that his release is not incompatible with
   10  the  welfare of society and will not so deprecate the seriousness of his
   11  crime as to undermine respect for law.  In  making  the  parole  release
   12  decision, the procedures adopted pursuant to subdivision four of section
   13  two  hundred fifty-nine-c of this article shall require that the follow-
   14  ing be considered: (i) the institutional record including program  goals
   15  and accomplishments, academic achievements, vocational education, train-
   16  ing  or  work  assignments,  therapy  and  interactions  with  staff and
   17  inmates; (ii) performance, if any,  as  a  participant  in  a  temporary
   18  release  program;  (iii)  release  plans  including community resources,
   19  employment, education and training and support services available to the
   20  inmate; (iv) any deportation order  issued  by  the  federal  government
   21  against the inmate while in the custody of the department and any recom-
   22  mendation  regarding deportation made by the commissioner of the depart-
   23  ment pursuant to section one hundred forty-seven of the correction  law;
   24  (v)  any statement made to the board by the crime victim or the victim's
   25  representative, where the crime victim is deceased  or  is  mentally  or
   26  physically incapacitated; (vi) the length of the determinate sentence to
   27  which  the  inmate  would  be  subject had he or she received a sentence
   28  pursuant to section 70.70 or section 70.71 of the penal law for a felony
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14915-01-4
       A. 9501                             2
    1  defined in article two hundred twenty or article two hundred  twenty-one
    2  of the penal law; (vii) the seriousness of the offense with due [consid-
    3  eration]  DEFERENCE  to  the  type  of  sentence, length of sentence and
    4  recommendations  of  the  sentencing court, AND DUE CONSIDERATION TO THE
    5  RECOMMENDATIONS OF the district attorney, the attorney for  the  inmate,
    6  the  pre-sentence probation report as well as consideration of any miti-
    7  gating and aggravating factors, and activities following arrest prior to
    8  confinement; and (viii) prior criminal record, including the nature  and
    9  pattern  of  offenses,  adjustment  to  any previous probation or parole
   10  supervision and institutional confinement. The board shall provide  toll
   11  free  telephone  access for crime victims. In the case of an oral state-
   12  ment made in accordance with subdivision one of section  440.50  of  the
   13  criminal  procedure law, the parole board member shall present a written
   14  report of the statement to the parole board. A crime victim's  represen-
   15  tative  shall  mean  the  crime victim's closest surviving relative, the
   16  committee or guardian of such person, or the legal representative of any
   17  such person. Such statement submitted by the victim or  victim's  repre-
   18  sentative may include information concerning threatening or intimidating
   19  conduct  toward the victim, the victim's representative, or the victim's
   20  family, made by the person sentenced and occurring after the sentencing.
   21  Such information may include, but need not be limited to, the  threaten-
   22  ing or intimidating conduct of any other person who or which is directed
   23  by the person sentenced.
   24    S 2. This act shall take effect immediately.