BILL NUMBER:S103A

TITLE OF BILL:
An act
to amend the executive law, in relation to altering the membership of
the state board of parole

PURPOSE:
To distribute the appointing authority of the state board of parole
among the Governor, Senate and Assembly. On and after January 1,2012
the Parole Board shall consist of 19 members. Of such members nine
shall be appointed by the governor, three shall be appointed upon
recommendation of the temporary president of the senate, three shall
be appointed upon the recommendation of the speaker of the assembly,
two shall be appointed upon the recommendation of the minority leader
of the senate and two shall be appointed upon the recommendation of
the minority leader of the assembly.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 259-b of the executive law,
as amended by section 38a of subpart A of part C of chapter 62 of the
laws of 2011, to require that the members of the board of parole be
appointed by the governor, the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate, and the
minority leader of the assembly.

              

EXISTING LAW:
Under subdivision 1 of section 259-b of the executive law, the
governor appoints not more than 19 members of the parole board with
the advice and consent of the Senate.

JUSTIFICATION:
The Executive Law mandates that in making a parole release decision,
the following factors are to be considered: the institutional record
including program goals and accomplishments, academic achievements,
vocational education, training or work assignments, therapy and
interpersonal relationships with staff and inmates; performance, if
any, as a participant in a temporary release program; release plans
including community resources, employment, education and training and
support services available to the inmate; and the written statement
of the crime victim or the victim's representative (see Executive Law
259-i(2) (e)). This mandate, however, has been undermined by the
Parole Board as a result of a shift in parole policy.

In 1991, the New York State Board of Parole granted parole to 66.7
percent of the 22,604 inmates who applied when they had served their
minimum sentences. Since 1995, the rate of parole has steadily
declined, so that by 1999, the parole rate had dropped to 46.6
percent of those seeking parole for the first time. After a denial,
the parole board can require an inmate to wait up to two years before
reapplying. The approval rates for later appearances have fallen by
similar amounts.

Parole has dropped most sharply for inmates convicted of violent
crimes like murder, assault, rape and robbery. For these criminals,
the release rate fell from 24 percent of applicants at initial


interviews in 1991 to 8 percent in 1998. For other categories of
violent crimes, the drop matched the decrease for all inmates.

The sharp drop in parole rates is the result of two major changes in
parole laws since 1995 in an effort to get tough on crime. In 1995, a
law was passed that requires all people convicted of a second violent
felony to serve 85 percent of their sentences. And in 1998, Jenna's
Law required that all violent felons serve 85 percent of their terms.

This shift in policy away from determining parole based on an
individual, case-by-case basis to an en masse denial of parole based
on the original crime undermines the purpose of parole.
Parole is advantageous to the offender, to the state and to society as
a whole for a number of reasons. The offender has the benefit of a
shorter time behind bars and a period of time under supervision to
adjust to life on the outside while still having access to certain
support services. Parole helps reconnect the offender with family
relationships sooner; less harm is done to the family structure,
reducing the social cost of family breakdown. There is also a reduced
risk of criminal socialization which can occur in prison. It is also
far less expensive for the individual to be on parole rather than
behind bars. It costs approximately $32,000 a year to maintain a
prisoner. Overcrowding in prisons is also eased. The monitoring of
individuals on parole allows a measure of control and safety for the
community while permitting the parole officer to evaluate whether a
parolee is adjusting successfully to life on the outside. A person
with the opportunity to adjust gradually to life outside prison poses
less danger to society than one who walks out the prison door
unprepared.

Parole also plays an important role in maintaining order in
correctional facilities. Correctional facilities use the enticement
of good time to induce prisoners to participate in programs and
maintain good behavior while incarcerated. without this inducement,
maintaining order in the State's overcrowded prisons would be more
difficult.

In order that the mandates for parole be followed, it is necessary
that the Legislature have the authority to appoint members of the
parole board. This legislation will give the Legislature the
authority to recommend members of the Parole Board to the Governor.
This will help ensure that parole policy, as established by the
Legislature under the Executive Law, will be observed.

LEGISLATIVE HISTORY:
2001-2002: S.2549A Died in Committee
2003-2004: S.1633  Died in Committee
2005-2006: S.1565  Died in Committee
2007-2008: S.2013  Died in Committee
2009-2010: S.1268A Died in Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.