Bill Text: NY S08464 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the right of the public to make comments to the board of parole regarding discretionary release of an inmate.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-05-31 - REPORTED AND COMMITTED TO FINANCE [S08464 Detail]

Download: New_York-2017-S08464-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8464
                    IN SENATE
                                       May 8, 2018
                                       ___________
        Introduced  by  Sens.  GALLIVAN,  RITCHIE -- (at request of the Board of
          Parole) -- 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 ensuring the public
          right to provide comment upon parole determinations
          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
    26  sentence  to  which the inmate would be subject had he or she received a
    27  sentence pursuant to section 70.70 or section 70.71 of the penal law for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14319-02-8
        S. 8464                             2
     1  a felony defined in article two hundred twenty or  article  two  hundred
     2  twenty-one  of  the penal law; (vii) the seriousness of the offense with
     3  due consideration to the type of sentence, length of sentence and recom-
     4  mendations  of the sentencing court, the district attorney, the attorney
     5  for the inmate, the pre-sentence probation report as well  as  consider-
     6  ation  of any mitigating and aggravating factors, and activities follow-
     7  ing arrest prior to  confinement;  and  (viii)  prior  criminal  record,
     8  including the nature and pattern of offenses, adjustment to any previous
     9  probation or parole supervision and institutional confinement. The board
    10  shall  provide toll free telephone access for crime victims. In the case
    11  of an oral statement made in accordance with subdivision one of  section
    12  440.50  of  the  criminal  procedure  law, the parole board member shall
    13  present a written report of the statement to the parole board.  A  crime
    14  victim's  representative shall mean the crime victim's closest surviving
    15  relative, the committee or guardian of such person, or the legal  repre-
    16  sentative of any such person.  Such statement submitted by the victim or
    17  victim's  representative  may include information concerning threatening
    18  or intimidating conduct toward the victim, the victim's  representative,
    19  or the victim's family, made by the person sentenced and occurring after
    20  the  sentencing.  Such  information may include, but need not be limited
    21  to, the threatening or intimidating conduct of any other person  who  or
    22  which  is directed by the person sentenced. Any statement by a victim or
    23  the victim's representative made to the board shall be maintained by the
    24  department in the file provided  to  the  board  when  interviewing  the
    25  inmate  in consideration of release. A victim or victim's representative
    26  who has submitted a written request to the department for the transcript
    27  of such interview shall be  provided  such  transcript  as  soon  as  it
    28  becomes  available.  Any  person  interested  in  the grant or denial of
    29  discretionary release under this subdivision shall  have  the  right  to
    30  submit  a  written  statement of views in support of or in opposition to
    31  the granting of discretionary release  which  the  board  may  consider,
    32  except  that  the board may exclude from consideration information which
    33  is irrelevant or unreliable.
    34    § 2. This act shall take effect immediately.