Assembly Bill A10542

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

                                  10542

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by  M. of A. TEDISCO, AMEDORE, BURLING, FINCH, GIGLIO, McDO-
  NOUGH -- Multi-Sponsored by --  M.  of  A.  ALFANO,  BACALLES,  BARRA,
  BUTLER,  CONTE,  CROUCH,  DUPREY, McKEVITT, J. MILLER, MOLINARO, OAKS,
  RAIA, REILICH, SALADINO, SCOZZAFAVA, THIELE, TOWNSEND -- read once and
  referred to the Committee on Correction

AN ACT to amend the executive law, in  relation  to  the  procedure  for
  determining whether a person shall be released on parole

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 2  of  section  259-i  of  the
executive law, as separately amended by section 11 of part E and section
9  of  part  F  of chapter 62 of the laws of 2003, is amended to read as
follows:
  (a) (i) Except as provided in subparagraph (ii) of this paragraph,  at
least  one  month  prior  to  the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law,  a  THREE
member  [or  members as determined by the rules] PANEL WHOSE MEMBERS ARE
CHOSEN AT RANDOM FROM AMONG THE MEMBERS of the  board  shall  personally
interview  such  inmate  and  determine  whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision  four  of
section  two  hundred  fifty-nine-c  of  this  article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such  denial
of  parole.  Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall  be  the  same.  If  the  inmate  is
released,  he  shall  be  given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a  court  of
competent  jurisdiction that applies to the parolee. The board of parole
shall indicate which restitution  collection  agency  established  under
subdivision eight of section 420.10 of the criminal procedure law, shall

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

                                                           LBD16040-01-0

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be  responsible  for collection of restitution, mandatory surcharge, sex
offender registration fees and DNA databank  fees  as  provided  for  in
section  60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law.
  (ii)  Any  inmate who is scheduled for presumptive release pursuant to
section eight hundred six of the correction law shall not appear  before
the  parole  board  as  provided  in  subparagraph (i) of this paragraph
unless  such  inmate's  scheduled  presumptive  release  is   forfeited,
canceled,  or  rescinded  subsequently  as provided in such law. In such
event, the inmate shall appear  before  the  parole  board  for  release
consideration  as provided in subparagraph (i) of this paragraph as soon
thereafter as is practicable.
  S 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
law,  as  amended by chapter 396 of the laws of 1987, is amended to read
as follows:
  (a) At least one month prior to the expiration of the  minimum  period
or  periods  of imprisonment fixed by the court or board, a THREE member
[or members as determined by the rules] PANEL WHOSE MEMBERS  ARE  CHOSEN
AT RANDOM FROM AMONG THE MEMBERS of the board shall personally interview
an  inmate  serving  an  indeterminate sentence and determine whether he
should be paroled at the expiration of the minimum period or periods  in
accordance  with  the guidelines adopted pursuant to subdivision four of
section two hundred fifty-nine-c. If parole is  not  granted  upon  such
review, the inmate shall be informed in writing within two weeks of such
appearance  of  the  factors and reasons for such denial of parole. Such
reasons shall be given in detail and not in conclusory terms. The  board
shall specify a date not more than twenty-four months from such determi-
nation  for  reconsideration,  and  the  procedures  to be followed upon
reconsideration shall be the same. If the inmate is released,  he  shall
be given a copy of the conditions of parole. Such conditions shall where
appropriate,  include  a  requirement  that  the parolee comply with any
restitution order and mandatory surcharge previously imposed by a  court
of  competent  jurisdiction  that  applies  to the parolee. The board of
parole shall indicate which restitution  collection  agency  established
under subdivision eight of section 420.10 of the criminal procedure law,
shall  be  responsible  for  collection  of  restitution  and  mandatory
surcharge as provided for in section 60.35 of the penal law and  section
eighteen hundred nine of the vehicle and traffic law.
  S  3.  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 SERIOUSNESS OF THE OFFENSE WITH DUE CONSIDER-
ATION TO THE TYPE OF SENTENCE, LENGTH OF SENTENCE AND RECOMMENDATIONS OF
THE SENTENCING COURT,  THE  DISTRICT  ATTORNEY,  THE  ATTORNEY  FOR  THE
INMATE,  THE  PRE-SENTENCE  PROBATION REPORT AS WELL AS CONSIDERATION OF
ANY MITIGATING AND AGGRAVATING FACTORS, AND ACTIVITIES FOLLOWING  ARREST
AND  PRIOR  TO  CONFINEMENT;  (II)  PRIOR CRIMINAL RECORD, INCLUDING THE

A. 10542                            3

NATURE AND PATTERN OF OFFENSES, ADJUSTMENTS TO ANY PREVIOUS PROBATION OR
PAROLE SUPERVISION OR INSTITUTIONAL CONFINEMENT; (III) the institutional
record including program goals and  accomplishments,  academic  achieve-
ments,  vocational  education, training or work assignments, therapy and
interpersonal relationships with staff and inmates; [(ii)] (IV) perform-
ance, if any, as a participant in a temporary release  program;  [(iii)]
(V)  release  plans including community resources, employment, education
and training and support services available to the inmate;  [(iv)]  (VI)
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)] (VII) 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)] (VIII) 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  hundred  twenty or article two hundred twenty-one of the penal law.
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 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  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 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  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the  amendments  to  paragraph  (a)  of
subdivision  2 of section 259-i of the executive law made by section one
of this act shall be subject to the expiration  and  reversion  of  such
paragraph  pursuant  to  section 74 of chapter 3 of the laws of 1995, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.