|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2018||referred to crime victims, crime and correction|
senate Bill S8346
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8346 (ACTIVE) - Details
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
BILL NUMBER: S8346 SPONSOR: RIVERA TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: Provides that the Board of Parole shall release inmates upon completion of their minimum terms of incarceration unless doing so presents an unreasonable public safety risk or the inmate is unlikely to live with- out violating the law. SUMMARY OF PROVISIONS: Section 1 amends Executive Law § 259-i (2)(c)(A). Section 2 provides an effective date. JUSTIFICATION:
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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