senate Bill S8346

2017-2018 Legislative Session

Relates to findings of the state board of parole necessary for discretionary release of inmates on parole

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2018 referred to crime victims, crime and correction

Co-Sponsors

S8346 (ACTIVE) - Details

See Assembly Version of this Bill:
A7546
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S497, A4346

S8346 (ACTIVE) - Summary

Requires the state board of parole to find that an inmate presents an unreasonable current public safety risk to deny discretionary release to parole and provides that if parole is denied that release shall be presumed at subsequent hearings absent a preponderance of evidence that an inmate presents an unreasonable public safety risk.

S8346 (ACTIVE) - Sponsor Memo

S8346 (ACTIVE) - Bill Text download pdf


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

                                  8346

                            I N  S E N A T E

                               May 2, 2018
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  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-
ing  community resources, employment, education and training and support
services available to the inmate; (iv) any deportation order  issued  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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