S T A T E   O F   N E W   Y O R K
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                                  2043

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. BUTLER,
  CONTE,  CROUCH,  DUPREY,  McKEVITT,  J. MILLER,  MOLINARO, OAKS, RAIA,
  REILICH, SALADINO, THIELE -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02107-01-1
              

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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, 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 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 and mandatory surcharge previously
imposed  by  a court of competent jurisdiction that applies to the paro-
lee. 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  restitu-
tion  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

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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
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.