The New York State Senate

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

                                  7546

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2017
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Correction

AN  ACT to amend the executive law, in relation to findings of the state
  board of parole necessary for  discretionary  release  of  inmates  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] UPON COMPLETION OF THE  MINIMUM  TERM
OF  INCARCERATION  IMPOSED  BY  THE  SENTENCING COURT IF THE BOARD FINDS
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] DOES NOT PRESENT AN UNREASONABLE CURRENT PUBLIC SAFETY
RISK. IF DISCRETIONARY RELEASE TO PAROLE IS NOT GRANTED AT THE  INMATE'S
INITIAL PAROLE BOARD APPEARANCE, THERE SHALL BE A PRESUMPTION OF RELEASE
AT  ANY  SUBSEQUENT  BOARD APPEARANCE ABSENT A PREPONDERANCE OF EVIDENCE
THAT THE INMATE IS UNLIKELY TO LIVE WITHOUT VIOLATING THE LAW  AND  THAT
HIS  OR HER RELEASE PRESENTS AN UNREASONABLE CURRENT PUBLIC SAFETY RISK.
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 achieve-
ments, 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  includ-

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

                                                           LBD11255-01-7

A. 7546                             2

ing  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  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;  AND  (IX) ALL EVIDENCE OF
REHABILITATION AND REFORM. 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 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.