Senate Bill S307

2023-2024 Legislative Session

Relates to findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S307 (ACTIVE) - Details

See Assembly Version of this Bill:
A162
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7546
2019-2020: A4346
2021-2022: S7514, A4231

2023-S307 (ACTIVE) - Summary

Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

2023-S307 (ACTIVE) - Sponsor Memo

2023-S307 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    307
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. SALAZAR, RIVERA, BAILEY, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE, COONEY, GIANARIS, GONZALEZ, HARCKHAM,  HOYLMAN,  JACK-
   SON,  KAVANAGH,  KENNEDY,  KRUEGER,  LIU,  MAY,  MAYER, MYRIE, PARKER,
   RAMOS, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- 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  incarcerated
   individuals on parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of  paragraph  (c)  of  subdivision  2  of
 section  259-i  of  the  executive law, as amended by chapter 322 of the
 laws of 2021, is amended to read as follows:
   (A) [Discretionary release] RELEASE on parole shall [not]  be  granted
 [merely  as a reward for good conduct or efficient performance of duties
 while confined but after considering if there is a reasonable probabili-
 ty that, if such incarcerated individual is released,  he  or  she  will
 live  and  remain  at liberty without violating the law, and that his or
 her release is not incompatible with the welfare of society and will not
 so deprecate the seriousness of his or her crime as to undermine respect
 for law] TO ANY INCARCERATED INDIVIDUAL APPEARING BEFORE THE  BOARD  WHO
 IS  ELIGIBLE FOR RELEASE ON PAROLE, UNLESS THE PAROLE CASE RECORD DEMON-
 STRATES THERE IS A CURRENT AND UNREASONABLE  RISK  THE  INDIVIDUAL  WILL
 VIOLATE  THE LAW IF RELEASED AND SUCH RISK CANNOT BE MITIGATED BY PAROLE
 SUPERVISION.  In making the [parole release decision]  DETERMINATION  AS
 TO  WHETHER  AN  INDIVIDUAL  POSES  A  CURRENT  AND UNREASONABLE RISK OF
 VIOLATING THE LAW IF RELEASED, the procedures adopted pursuant to subdi-
 vision four of section two hundred fifty-nine-c of  this  article  shall
 require  that the following be considered: (i) [the institutional record

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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