Senate Bill S7531B

2017-2018 Legislative Session

Relates to testimonies in parole hearings

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S7531 - Details

See Assembly Version of this Bill:
A10692
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L; amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1410, A938
2021-2022: S2663, A508
2023-2024: S4480, A2494

2017-S7531 - Summary

Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.

2017-S7531 - Sponsor Memo

2017-S7531 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7531
 
                             I N  S E N A T E
 
                             January 22, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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 testimony offered in a
   parole hearing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 10 of section 259-c of the  executive  law,  as
 amended by section 38-b of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   10.  have the power to authorize any members thereof and hearing offi-
 cers to administer oaths and take the testimony of persons  under  oath;
 SUCH MEMBERS AND HEARING OFFICERS SHALL CONSIDER ALL COMMENTS AND TESTI-
 MONY OFFERED IN A HEARING WHEN COMING TO A DECISION PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION;
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13855-01-7



              

co-Sponsors

2017-S7531A - Details

See Assembly Version of this Bill:
A10692
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L; amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1410, A938
2021-2022: S2663, A508
2023-2024: S4480, A2494

2017-S7531A - Summary

Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.

2017-S7531A - Sponsor Memo

2017-S7531A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7531--A
 
                             I N  S E N A T E
 
                             January 22, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to testimony offered in a
   parole hearing

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (v) of  paragraph  (c)  of  subdivision  3  of
 section  259-i  of the executive law, as amended by section 11 of part E
 of chapter 62 of the laws of 2003, is amended to read as follows:
   (v) At the preliminary hearing, the hearing officer shall  review  the
 violation  charges with the alleged violator, direct the presentation of
 evidence concerning the alleged violation,  receive  the  statements  of
 witnesses  and  documentary  evidence  on  behalf of the prisoner, [and]
 allow cross examination of those witnesses in attendance,  AND  CONSIDER
 ALL  COMMENTS  AND  TESTIMONY  OFFERED  IN SUCH HEARING WHEN COMING TO A
 DECISION PURSUANT TO SUBPARAGRAPH (VI) OF THIS PARAGRAPH.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13855-02-8



              

co-Sponsors

2017-S7531B (ACTIVE) - Details

See Assembly Version of this Bill:
A10692
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L; amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1410, A938
2021-2022: S2663, A508
2023-2024: S4480, A2494

2017-S7531B (ACTIVE) - Summary

Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.

2017-S7531B (ACTIVE) - Sponsor Memo

2017-S7531B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7531--B
 
                             I N  S E N A T E
 
                             January 22, 2018
                                ___________
 
 Introduced  by Sens. RITCHIE, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Crime  Victims,
   Crime  and  Correction  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to statements to the state board of 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  there is a reasonable probability
 that, if such inmate is released, he will live  and  remain  at  liberty
 without violating the law, and that his 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.  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 follow-
 ing be considered: (i) the institutional record including program  goals
 and accomplishments, academic achievements, vocational education, train-
 ing  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  including 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 recom-
 mendation  regarding deportation made by the commissioner of the depart-
 ment 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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