Senate Bill S8921

                                
 
BILL NUMBER: S8921

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the executive law, in relation to
appeals of determinations of the board of parole

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow certain individuals the ability to appeal a decision of the
board of parole.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 259-i(4)(a) of the Executive Law
to allow an inmate/violator, the crime victim, or where the crime victim
is deceased or is mentally or physically incapacitated, the victim's
family member or representative to appeal the decision of the board of
parole.

Section two of this bill states that this act shall take effect imme-
diately.
              

 
EXISTING LAW:

Under current law, crime victims and victim's families are not able to
appeal the decision of the board of parole.

 
JUSTIFICATION:

The proposed bill would make clear that inmates, victims, and victims'
family members shall have standing to appeal parole determinations,
addressing a significant imbalance in the law, most recently highlighted
by the injustice suffered by the family of slain police officer Joseph
Piagentini. Officer Piagentini was murdered by three-time cop-killer
Herman Bell in 1971 and was granted parole in March of 2018. Remarkably,
when Officer Piagentini's widow, Diane Piagentini, filed a lawsuit seek-
ing to compel the New York State Board of Parole to reconsider its deci-
sion, the Supreme Court of the State of New York determined that Ms.
Piagentini had no right to be heard. The proposed bill would correct
this inequity, putting Ms.  Piagentini and the families of other victims
on the same footing as the potential parolees who have committed crimes
against them, ensuring that victims and their family members have stand-
ing to challenge parole board determinations.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.