•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S07514 Summary:

BILL NOS07514
 
SAME ASSAME AS A04231-A
 
SPONSORSALAZAR
 
COSPNSRRIVERA, BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY
 
MLTSPNSR
 
Amd §259-i, Exec L
 
Provides for findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.
Go to top

S07514 Memo:

Memo not available
Go to top

S07514 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7514
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    November 8, 2021
                                       ___________
 
        Introduced  by Sens. SALAZAR, RIVERA, BAILEY, BIAGGI, BRESLIN, BRISPORT,
          BROUK, COMRIE, COONEY, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH,
          KRUEGER, LIU, MAY,  MAYER,  MYRIE,  PARKER,  RAMOS,  SANDERS,  SAVINO,
          SEPULVEDA,  SERRANO,  STAVISKY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, in relation to findings of the  state
          board  of  parole  necessary for discretionary release of incarcerated
          persons 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] Release on parole shall [not] be granted
     5  [merely as a reward for good conduct or efficient performance of  duties
     6  while confined but after considering if there is a reasonable probabili-
     7  ty  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]  to any incarcerated person
    11  appearing before the board who is eligible for release on parole, unless
    12  the parole case record demonstrates there is a current and  unreasonable
    13  risk the person will violate the law if released and such risk cannot be
    14  mitigated by parole supervision. In making the [parole release decision]
    15  determination  as  to  whether a person poses a current and unreasonable
    16  risk of violating the law if released, the procedures  adopted  pursuant
    17  to  subdivision four of section two hundred fifty-nine-c of this article
    18  shall require that the following be considered: (i)  [the  institutional
    19  record  including  program  goals and accomplishments, academic achieve-
    20  ments,] any and all evidence of rehabilitation and reform, including but
    21  not limited to  selection  for  participation  in  a  temporary  release
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07240-06-1

        S. 7514                             2
 
     1  program, participation in other programming, therapeutic support, commu-
     2  nity  service, or vocational education, and any training or work assign-
     3  ments that the department made available  to  the  incarcerated  person,
     4  [therapy  and  interactions  with] and statements of support from staff,
     5  volunteers and [inmates] other incarcerated persons; (ii)  [performance,
     6  if  any, as a participant in a temporary release program; (iii)] release
     7  plans, including support from family members and  community  [resources]
     8  networks,  employment,  [education]  educational  and  training opportu-
     9  nities, clinical, therapeutic and other reentry services, and any  other
    10  available  support  services [available to the inmate]; [(iv)] (iii) any
    11  deportation order issued by the federal government against the  [inmate]
    12  incarcerated  person  while  in  the  custody  of the department and any
    13  recommendation regarding deportation made by  the  commissioner  of  the
    14  department pursuant to section one hundred forty-seven of the correction
    15  law;  (iv) the length of the determinate sentence to which the incarcer-
    16  ated person would be subject had he or she received a sentence  pursuant
    17  to  section  70.70  or  section  70.71 of   the   penal law for a felony
    18  defined in article two hundred twenty or article two hundred  twenty-two
    19  of  the  penal law; (v) any current or prior statement made to the board
    20  by the crime victim or the  victim's  representative,  where  the  crime
    21  victim is deceased or is mentally or physically incapacitated; (vi) [the
    22  length  of the determinate sentence to which the inmate would be subject
    23  had he or she received a sentence pursuant to section 70.70  or  section
    24  70.71 of the penal law for a felony defined in article two hundred twen-
    25  ty  or article two hundred twenty-one of the penal law; (vii)] the seri-
    26  ousness of the offense with due consideration to the type  of  sentence,
    27  length  of  sentence  and  recommendations  of the sentencing court, the
    28  district attorney, the attorney for the  [inmate]  incarcerated  person,
    29  the  pre-sentence probation report as well as consideration of any miti-
    30  gating and aggravating factors, and activities following arrest prior to
    31  confinement; and [(viii)] (vii) prior  criminal  record,  including  the
    32  nature  and pattern of offenses, adjustment to any previous probation or
    33  parole supervision and institutional confinement. In considering whether
    34  there is a current and unreasonable risk the person will violate the law
    35  if released and such risk cannot be mitigated by parole supervision, the
    36  board shall not base their determination solely or primarily on  any  or
    37  all  of  the  factors  contained  in  clauses  (v) through (vii) of this
    38  subparagraph. The board shall explain in writing in  detailed,  individ-
    39  ualized,  and  non-conclusory  terms  the  basis for a denial of parole,
    40  including how the parole case record and  the  enumerated  factors  were
    41  considered  and  weighed.  The  board  shall provide toll free telephone
    42  access for crime victims. In the case  of  an  oral  statement  made  in
    43  accordance with subdivision one of section 440.50 of the criminal proce-
    44  dure  law, the parole board member shall present a written report of the
    45  statement to the parole board. A  crime  victim's  representative  shall
    46  mean  the  crime  victim's  closest surviving relative, the committee or
    47  guardian of such person, or the legal representative of any such person.
    48  Such statement submitted by the victim or  victim's  representative  may
    49  include  information  concerning  threatening  or  intimidating  conduct
    50  toward the victim, the victim's representative, or the victim's  family,
    51  made  by  the  person sentenced and occurring after the sentencing. Such
    52  information may include, but need not be limited to, the threatening  or
    53  intimidating conduct of any other person who or which is directed by the
    54  person  sentenced.  Any  statement by a victim or the victim's represen-
    55  tative made to the board shall be maintained by the  department  in  the
    56  file  provided  to the board when interviewing the [inmate] incarcerated

        S. 7514                             3
 
     1  person in consideration of release. A victim or victim's  representative
     2  who has submitted a written request to the department for the transcript
     3  of  such  interview  shall  be  provided  such  transcript as soon as it
     4  becomes available.
     5    §  2. The board shall report quarterly in writing to the governor, the
     6  temporary president of the senate, the minority leader  of  the  senate,
     7  the speaker of the assembly, the minority leader of the assembly, and to
     8  the  chairpersons of the assembly committee on correction and the senate
     9  committee on crime victims, crime and correction on denials  of  parole.
    10  Written  reports  shall  include the number of individuals denied parole
    11  release each  month,  the  articulated  reasons  for  each  denial,  the
    12  assigned  commissioners  in  each  case and a record of their votes, and
    13  demographic information on each applicant denied  including  race,  sex,
    14  facility,  and  crime  of  conviction. Reports shall exclude information
    15  that would identify the individual. Reports  required  by  this  section
    16  shall  be  made  available  to  the  public  and posted quarterly on the
    17  websites maintained by the board of parole.
    18    § 3. This act shall take effect immediately.
Go to top