Senate Bill S8260

2009-2010 Legislative Session

Relates to the appearance of certain law enforcement officers at parole hearings

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	referred to rules

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2009-S8260 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S2184

2009-S8260 (ACTIVE) - Summary

Provides for the appearance or written statement of certain law enforcement officers at parole hearings.

2009-S8260 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8260

TITLE OF BILL:
An act
to amend the executive law, in relation to the appearance of certain
law enforcement officers at parole hearings

PURPOSE:
To allow police chiefs to speak at parole hearings.

SUMMARY OF PROVISIONS:
Section one amends subparagraph (A) of paragraph (c) of subdivision
(2) of section 259-1 of the executive law, to add the ability of a
police chief to provide a written or oral statement concerning the
police agency's experience with the inmate. The wording leaves it to
the chief to determine what is appropriate to share with the board.

EXISTING LAW:
Existing law does not require or allow the police chief to make a
statement. Other current items are:

(i) the institutional record including program goals and
accomplishments, academic achievements, vocational education,
training 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 community resources, employment,
education and training and support services available to the inmate;

(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;

(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; and

(vi) the length of the determinate sentence to which the inmate would
be subject had he or she received a sentence pursuant to section
70.70 or section 70.71 of the penal law for a felony defined in
article two twenty or article two hundred twenty-one of the penal
law.

A statement by the victim or the victim's representatives is also
permitted.

JUSTIFICATION:
When it comes to making the critical determination whether to set
someone free on parole, the board needs all the evidence it can
muster. This should include information from those with the most
intimate knowledge of what the inmate is capable of. Police agencies
know this better than anyone else. Consider some of the recent
determinations by the board: Recently, the Parole Board voted 2-1 to
grant parole to cop killer Shuaib Raheem. Raheem was involved in a
botched armed robbery in Williamsburg, NY in 1973, which resulted in
the death of Patrolman Stephen Gilroy and injured Patrolman Frank
Carpentier.
Also recently, after pressure from some Senators and police
organizations, cop killer John MacKenzie, who opened fire during a
burglary in West Hempstead in 1975 and killed Nassau County Police
Officer Matthew Giglio, was denied parole. Another convicted
cop-killer Anthony Blanks was scheduled for a parole hearing at
Shawangunk State Prison in Wallkill, NY. Blanks is a cold-blooded
cop-killer and a dangerous criminal. He killed Patrolman Arthur
Dematte in 1976 in Larchmont, using the policeman's own revolver, and
then fled in his police cruiser. His hearing has now been postponed.
That homicide left Patrolman Dematte's wife without a husband, his
four young children without a father, and his fellow officers without
a friend and partner. Each time Anthony Blanks is eligible for
parole, the family is once again victimized and the Police Department
relives this tragedy.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2009-S8260 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8260

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  the  appearance  of
  certain law enforcement officers at parole hearings

  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 section 12 of part AAA
of chapter 56 of the laws of 2009, 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 community
resources, employment,  education  and  training  and  support  services
available to the inmate; (iv) any deportation order issued by the feder-
al  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;  (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;  [and]  (vi)  the  length  of the determinate
sentence to which the inmate would be subject had he or she  received  a
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.

                                                           LBD17779-02-0

S. 8260                             2

a  felony  defined  in article two hundred twenty or article two hundred
twenty-one of the penal law; AND (VII) A STATEMENT,  EITHER  WRITTEN  OR
ORAL,  TO  BE  MADE  BY  THE CHIEF LAW ENFORCEMENT OFFICER OR HIS OR HER
DESIGNEE WITH JURISDICTION OVER THE CRIME OR CRIMES FOR WHICH THE INMATE
IS  INCARCERATED. SUCH STATEMENT SHALL INCLUDE INFORMATION WHICH, IN THE
SOLE DISCRETION OF SUCH CHIEF LAW ENFORCEMENT OFFICER,  RELATES  TO  THE
LAW  ENFORCEMENT  AGENCY'S  OR  OFFICER'S EXPERIENCE WITH THE INMATE AND
WHICH SUCH OFFICER BELIEVES MAY BE  RELEVANT  TO  ANY  DECISION  OF  THE
BOARD.    The  board  shall provide toll free telephone access for crime
victims. In the case of an oral statement made in accordance with subdi-
vision one of section 440.50 of the criminal procedure law,  the  parole
board  member  shall  present  a  written report of the statement to the
parole board. A crime  victim's  representative  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 representative may include informa-
tion 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 threatening 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 subdivision one of
this section.
  S 2. This act shall take effect immediately.

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Senate Bill S8260

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2009-S8260 (ACTIVE) - Details

2009-S8260 (ACTIVE) - Summary

2009-S8260 (ACTIVE) - Sponsor Memo

2009-S8260 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

2009-S8260 (ACTIVE) - Details

2009-S8260 (ACTIVE) - Summary

2009-S8260 (ACTIVE) - Sponsor Memo

2009-S8260 (ACTIVE) - Bill Text download pdf

Comments