Bill Text: NY S02184 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the appearance or written statement of certain law enforcement officers at parole hearings.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02184 Detail]

Download: New_York-2011-S02184-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2184
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sens.  GOLDEN,  BONACIC,  DeFRANCISCO,  LAVALLE, LITTLE,
         RANZENHOFER, SALAND, SEWARD -- read twice  and  ordered  printed,  and
         when  printed to be committed to the Committee on Crime Victims, Crime
         and Correction
       AN ACT to amend the executive law, in  relation  to  the  appearance  of
         certain law enforcement officers at parole hearings
         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 12 of part AAA
    3  of chapter 56 of the laws of 2009, 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 guidelines 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 interpersonal relationships with
   16  staff and inmates; (ii) performance, if  any,  as  a  participant  in  a
   17  temporary  release  program;  (iii)  release  plans  including community
   18  resources, employment,  education  and  training  and  support  services
   19  available to the inmate; (iv) any deportation order issued by the feder-
   20  al  government against the inmate while in the custody of the department
   21  of correctional services and any  recommendation  regarding  deportation
   22  made  by  the  commissioner  of  the department of correctional services
   23  pursuant to section one hundred forty-seven of the correction  law;  (v)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04283-01-1
       S. 2184                             2
    1  any  statement  made  to  the  board by the crime victim or the victim's
    2  representative, where the crime victim is deceased  or  is  mentally  or
    3  physically  incapacitated;  [and]  (vi)  the  length  of the determinate
    4  sentence  to  which the inmate would be subject had he or she received a
    5  sentence pursuant to section 70.70 or section 70.71 of the penal law for
    6  a felony defined in article two hundred twenty or  article  two  hundred
    7  twenty-one  of  the  penal law; AND (VII) A STATEMENT, EITHER WRITTEN OR
    8  ORAL, TO BE MADE BY THE CHIEF LAW ENFORCEMENT  OFFICER  OR  HIS  OR  HER
    9  DESIGNEE WITH JURISDICTION OVER THE CRIME OR CRIMES FOR WHICH THE INMATE
   10  IS  INCARCERATED. SUCH STATEMENT SHALL INCLUDE INFORMATION WHICH, IN THE
   11  SOLE DISCRETION OF SUCH CHIEF LAW ENFORCEMENT OFFICER,  RELATES  TO  THE
   12  LAW  ENFORCEMENT  AGENCY'S  OR  OFFICER'S EXPERIENCE WITH THE INMATE AND
   13  WHICH SUCH OFFICER BELIEVES MAY BE  RELEVANT  TO  ANY  DECISION  OF  THE
   14  BOARD.    The  board  shall provide toll free telephone access for crime
   15  victims. In the case of an oral statement made in accordance with subdi-
   16  vision one of section 440.50 of the criminal procedure law,  the  parole
   17  board  member  shall  present  a  written report of the statement to the
   18  parole board. A crime  victim's  representative  shall  mean  the  crime
   19  victim's  closest  surviving relative, the committee or guardian of such
   20  person, or the legal representative of any such person.  Such  statement
   21  submitted  by the victim or victim's representative may include informa-
   22  tion concerning threatening or intimidating conduct toward  the  victim,
   23  the  victim's representative, or the victim's family, made by the person
   24  sentenced and occurring  after  the  sentencing.  Such  information  may
   25  include,  but  need  not  be limited to, the threatening or intimidating
   26  conduct of any other person who or  which  is  directed  by  the  person
   27  sentenced. Notwithstanding the provisions of this section, in making the
   28  parole release decision for persons whose minimum period of imprisonment
   29  was  not  fixed  pursuant  to  the provisions of subdivision one of this
   30  section, in addition to the factors listed in this paragraph  the  board
   31  shall consider the factors listed in paragraph (a) of subdivision one of
   32  this section.
   33    S 2. This act shall take effect immediately.