S T A T E O F N E W Y O R K
________________________________________________________________________
4045
2017-2018 Regular Sessions
I N A S S E M B L Y
January 31, 2017
___________
Introduced by M. of A. WEPRIN, O'DONNELL -- read once and referred to
the Committee on Correction
AN ACT to amend the executive law, in relation to deference in discre-
tionary release on 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 amended by chapter 130 of the
laws of 2016, 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 procedures 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 interactions 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 and any recom-
mendation regarding deportation made by the commissioner of the depart-
ment pursuant to section one hundred forty-seven of the correction law;
(v) any current or prior 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; (vi) the length of the determinate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04919-01-7
A. 4045 2
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; (vii) the seriousness of the offense with
due [consideration] DEFERENCE to the type of sentence, length of
sentence and recommendations of the sentencing court, AND DUE CONSIDER-
ATION TO THE RECOMMENDATIONS OF 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 prior to confinement; and (viii) prior criminal record, including
the nature and pattern of offenses, adjustment to any previous probation
or parole supervision and institutional confinement. 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 intim-
idating 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. Any statement by a victim or the
victim's representative made to the board shall be maintained by the
department in the file provided to the board when interviewing the
inmate in consideration of release. A victim or victim's representative
who has submitted a written request to the department for the transcript
of such interview shall be provided such transcript as soon as it
becomes available.
§ 2. This act shall take effect immediately.