S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4821 A. 6327
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
March 2, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Correction
AN ACT to amend the executive law, in relation to requiring inmates to
have an acceptable residence to qualify for 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 OR SHE will live and remain at
liberty without violating the law, and that his OR HER 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 following be considered: (i) the institutional record including
program goals and accomplishments, academic achievements, vocational
education, training 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] SHALL
INCLUDE, IN ADDITION TO community resources, employment, education and
training and support services available to the inmate, AN ACCEPTABLE
RESIDENCE. IN ORDER FOR A RESIDENCE TO BE AN ACCEPTABLE RESIDENCE AND
QUALIFY THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A PERMA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09978-01-7
S. 4821 2 A. 6327
NENT RESIDENCE, AND NOT A TEMPORARY SHELTER INCLUDING, BUT NOT LIMITED
TO, A HOMELESS SHELTER, MOTEL/HOTEL, OR TRAILER, AND SHALL ALLOW THE
INMATE TO COMPLY WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING
PLACEMENT OF REGISTERED SEX OFFENDERS; (iv) any deportation order issued
by the federal government against the inmate while in the custody of the
department and any recommendation regarding deportation made by the
commissioner of the department 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 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 to the type of
sentence, length of sentence and recommendations of the sentencing
court, the district attorney, the attorney for the inmate, the pre-sen-
tence probation report as well as consideration of any mitigating and
aggravating factors, and activities following arrest prior to confine-
ment; 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 tele-
phone access for crime victims. In the case of an oral statement made in
accordance with subdivision one of section 440.50 of the criminal proce-
dure 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. Any statement by a victim or the victim's represen-
tative 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.