Bill Text: NY S08346 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires the state board of parole to find that an inmate presents an unreasonable current public safety risk to deny discretionary release to parole and provides that if parole is denied that release shall be presumed at subsequent hearings absent a preponderance of evidence that an inmate presents an unreasonable public safety risk.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-05-02 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S08346 Detail]

Download: New_York-2017-S08346-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8346
                    IN SENATE
                                       May 2, 2018
                                       ___________
        Introduced  by  Sen.  RIVERA -- 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 findings of the state
          board of parole necessary for  discretionary  release  of  inmates  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
     5  a  reward  for  good  conduct  or  efficient performance of duties while
     6  confined but after considering if] upon completion of the  minimum  term
     7  of  incarceration  imposed  by  the  sentencing court if the board finds
     8  there is a reasonable probability that, if such inmate is  released,  he
     9  or  she  will  live and remain at liberty without violating the law, and
    10  that his or her release [is not incompatible with the welfare of society
    11  and will not so deprecate the seriousness of his crime as  to  undermine
    12  respect  for law] does not present an unreasonable current public safety
    13  risk. If discretionary release to parole is not granted at the  inmate's
    14  initial parole board appearance, there shall be a presumption of release
    15  at  any  subsequent  board appearance absent a preponderance of evidence
    16  that the inmate is unlikely to live without violating the law  and  that
    17  his  or her release presents an unreasonable current public safety risk.
    18  In making the parole release decision, the procedures  adopted  pursuant
    19  to  subdivision four of section two hundred fifty-nine-c of this article
    20  shall require that the following be considered:  (i)  the  institutional
    21  record  including  program  goals and accomplishments, academic achieve-
    22  ments, vocational education, training or work assignments,  therapy  and
    23  interactions  with  staff  and  inmates;  (ii) performance, if any, as a
    24  participant in a temporary release program; (iii) release plans  includ-
    25  ing  community resources, employment, education and training and support
    26  services available to the inmate; (iv) any deportation order  issued  by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11255-01-7
        S. 8346                             2
     1  the  federal  government  against the inmate while in the custody of the
     2  department and any recommendation  regarding  deportation  made  by  the
     3  commissioner  of  the  department pursuant to section one hundred forty-
     4  seven  of the correction law; (v) any current or prior statement made to
     5  the board by the crime victim or the victim's representative, where  the
     6  crime  victim  is  deceased  or is mentally or physically incapacitated;
     7  (vi) the length of the determinate sentence to which the inmate would be
     8  subject had he or she received a sentence pursuant to section  70.70  or
     9  section  70.71  of  the  penal  law  for a felony defined in article two
    10  hundred twenty or article two hundred twenty-one of the penal law; (vii)
    11  the seriousness of the offense with due consideration  to  the  type  of
    12  sentence,  length  of  sentence  and  recommendations  of the sentencing
    13  court, the district attorney, the attorney for the inmate, the  pre-sen-
    14  tence  probation  report  as well as consideration of any mitigating and
    15  aggravating factors, and activities following arrest prior  to  confine-
    16  ment;  [and]  (viii)  prior  criminal  record,  including the nature and
    17  pattern of offenses, adjustment to  any  previous  probation  or  parole
    18  supervision  and  institutional  confinement;  and  (ix) all evidence of
    19  rehabilitation and reform. The board shall provide toll  free  telephone
    20  access  for  crime  victims.  In  the  case of an oral statement made in
    21  accordance with subdivision one of section 440.50 of the criminal proce-
    22  dure law, the parole board member shall present a written report of  the
    23  statement  to  the  parole  board. A crime victim's representative shall
    24  mean the crime victim's closest surviving  relative,  the  committee  or
    25  guardian of such person, or the legal representative of any such person.
    26  Such  statement  submitted  by the victim or victim's representative may
    27  include  information  concerning  threatening  or  intimidating  conduct
    28  toward  the victim, the victim's representative, or the victim's family,
    29  made by the person sentenced and occurring after  the  sentencing.  Such
    30  information  may include, but need not be limited to, the threatening or
    31  intimidating conduct of any other person who or which is directed by the
    32  person sentenced. Any statement by a victim or  the  victim's  represen-
    33  tative  made  to  the board shall be maintained by the department in the
    34  file provided to the board when interviewing the inmate in consideration
    35  of release. A victim or victim's  representative  who  has  submitted  a
    36  written  request  to the department for the transcript of such interview
    37  shall be provided such transcript as soon as it becomes available.
    38    § 2. This act shall take effect immediately.