Senate Bill S8346

                            
 
                     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
              

                       [ ] is old law to be omitted.
                                                            LBD11255-01-7

 S. 8346                             2
 
 the  federal  government  against the inmate while in the custody of the
 department and any recommendation  regarding  deportation  made  by  the
 commissioner  of  the  department 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 mentally or physically incapacitated;
 (vi) the length of the determinate sentence to which the inmate would be
 subject had he or she received a sentence pursuant to section  70.70  or
 section  70.71  of  the  penal  law  for a felony defined in article two
 hundred twenty or article two hundred twenty-one of the penal law; (vii)
 the seriousness of the offense with due consideration  to  the  type  of
 sentence,  length  of  sentence  and  recommendations  of the sentencing
 court, the district attorney, the attorney for the inmate, the  pre-sen-
 tence  probation  report  as well as consideration of any mitigating and
 aggravating factors, and activities following arrest prior  to  confine-
 ment;  [and]  (viii)  prior  criminal  record,  including the nature and
 pattern of offenses, adjustment to  any  previous  probation  or  parole
 supervision  and  institutional  confinement;  AND  (IX) ALL EVIDENCE OF
 REHABILITATION AND REFORM. The board shall provide toll  free  telephone
 access  for  crime  victims.  In  the  case of an oral statement made in
 accordance with subdivision one of section 440.50 of the criminal proce-
 dure law, the parole board member shall present a written report of  the
 statement  to  the  parole  board. A crime victim's representative shall
 mean the crime victim's closest surviving  relative,  the  committee  or
 guardian of such person, or the legal representative of any such person.
 Such  statement  submitted  by the victim or victim's representative may
 include  information  concerning  threatening  or  intimidating  conduct
 toward  the victim, the victim's representative, or the victim's family,
 made by the person sentenced and occurring after  the  sentencing.  Such
 information  may include, but need not be limited to, the threatening or
 intimidating conduct of any other person who or which is directed by the
 person sentenced. Any statement by a victim or  the  victim's  represen-
 tative  made  to  the board shall be maintained by the department in the
 file provided to the board when interviewing the inmate in consideration
 of release. A victim or victim's  representative  who  has  submitted  a
 written  request  to the department for the transcript of such interview
 shall be provided such transcript as soon as it becomes available.
   § 2. This act shall take effect immediately.