S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4133 A. 7559
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 14, 2009
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Correction
AN ACT to amend the executive law, in relation to requiring inmates to
have an acceptable residence to qualify for 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 separately amended by chapters 40
and 126 of the laws of 1999, is amended to read as follows:
(A) Discretionary 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 probability
that, if such inmate is released, he will live and remain at liberty
without violating the law, and that his release is not incompatible with
the welfare of society and will not so deprecate the seriousness of his
crime as to undermine respect for law. In making the parole release
decision, the guidelines adopted pursuant to subdivision four of section
two hundred fifty-nine-c of this article shall require that the follow-
ing be considered: (i) the institutional record including program goals
and accomplishments, academic achievements, vocational education, train-
ing or work assignments, therapy and interpersonal relationships with
staff and inmates; (ii) performance, if any, as a participant in a
temporary release program; (iii) release plans [including] SHALL
INCLUDE, IN ADDITION TO community resources, employment, education and
training and support services available to the inmate, AN ACCEPTABLE
RESIDENCE. IN ORDER FOR A RESIDENCE TO BE AN ACCEPTABLE RESIDENCE AND
QUALIFY THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A PERMA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09709-01-9
S. 4133 2 A. 7559
NENT RESIDENCE, AND NOT A TEMPORARY SHELTER INCLUDING, BUT NOT LIMITED
TO, A HOMELESS SHELTER, MOTEL/HOTEL, OR TRAILER, AND SHALL ALLOW THE
INMATE TO COMPLY WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING
PLACEMENT OF REGISTERED SEX OFFENDERS; (iv) any deportation order issued
by the federal government against the inmate while in the custody of the
department of correctional services and any recommendation regarding
deportation made by the commissioner of the department of correctional
services pursuant to section one hundred forty-seven of the correction
law; and (v) any statement made to the board by the crime victim or the
victim's representative, where the crime victim is deceased or is
mentally or physically incapacitated. The board shall provide toll free
telephone access for crime victims. In the case of an oral statement
made in accordance with subdivision one of section 440.50 of the crimi-
nal procedure law, the parole board member shall present a written
report of the statement to the parole board. A crime victim's represen-
tative shall mean the crime victim's closest surviving relative, the
committee or guardian of such person, or the legal representative of any
such person. Such statement submitted by the victim or victim's repre-
sentative may include information concerning threatening or intimidating
conduct toward the victim, the victim's representative, or the victim's
family, made by the person sentenced and occurring after the sentencing.
Such information may include, but need not be limited to, the threaten-
ing or intimidating conduct of any other person who or which is directed
by the person sentenced. Notwithstanding the provisions of this section,
in making the parole release decision for persons whose minimum period
of imprisonment was not fixed pursuant to the provisions of subdivision
one of this section, in addition to the factors listed in this paragraph
the board shall consider the factors listed in paragraph (a) of subdivi-
sion one of this section.
S 2. This act shall take effect immediately.