BILL NUMBER:  S4518

 TITLE OF BILL :  An act to amend the executive law, in relation to
requiring the state board of parole to reflect the composition of the
prison population in race, age and geographic area of residence

 PURPOSE :

To change the composition of the state board of parole to reflect the
prison population that it serves and to ensure professional diversity
among its members.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 1 of section 259-b of the executive law,
to require that the members of the board of parole be appointed by the
governor with the advice and consent of the senate. This board shall
consist of not more than nineteen members and not less than fifteen
members.

In making appointments to the board, the governor shall ensure that
the membership adequately reflects the composition of the prison
population in race and ethnicity, age, and geographic area of
residence. The percentage of each demographic characteristic of the
members shall be directly proportionate to that of the prison
population.
              

 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 :

Currently the composition of the NYS prison inmate population is 49.5%
African American, 24.6% Hispanic, 23.1% White, and 2.8% Other. The
average age of an inmate is 37.5; 47.5% are from New York City and
23.9% are from Upstate Urban areas. However, the NYS Parole Board does
not reflect the: population at all. While African Americans and
Latinos are overrepresented in the prison population, they are
underrepresented in most every other area of the criminal justice
system, including membership on the Parole Board. Currently, the Board
consists of a majority of Caucasian members. It is important that the
Board reflect the population it is required to serve.

Moreover, it is important that the Board issues fair decisions. 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.

Since 1999 the percentage of prisoners released on parole has
drastically declined. 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.

In order to achieve the standard set in the Executive Law, the Parole
Board needs a diverse membership that reflects the prison population
and includes members with a background that gives them a perspective
other than law enforcement.

 LEGISLATIVE HISTORY :

2013-2014 -- S.4431-A; Died in Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.