S T A T E O F N E W Y O R K
________________________________________________________________________
1745
2019-2020 Regular Sessions
I N S E N A T E
January 16, 2019
___________
Introduced by Sen. GALLIVAN -- 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 third party statements
to the parole board
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
[ ] is old law to be omitted.
LBD07609-01-9
S. 1745 2
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 recom-
mendations of the sentencing court, the district attorney, the attorney
for the inmate, the pre-sentence probation report as well as consider-
ation of any mitigating and aggravating factors, and activities follow-
ing arrest prior to confinement; and (viii) prior criminal record,
including the nature and pattern of offenses, adjustment to any previous
probation or parole supervision and institutional confinement. 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 procedure 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 repre-
sentative 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 representative 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. ANY PERSON INTERESTED IN THE GRANT OR DENIAL OF
DISCRETIONARY RELEASE UNDER THIS SUBDIVISION SHALL HAVE THE RIGHT TO
SUBMIT A WRITTEN STATEMENT OF VIEWS IN SUPPORT OF OR IN OPPOSITION TO
THE GRANTING OF DISCRETIONARY RELEASE WHICH THE BOARD MAY CONSIDER,
EXCEPT THAT THE BOARD MAY EXCLUDE FROM CONSIDERATION INFORMATION WHICH
IS IRRELEVANT OR UNRELIABLE.
§ 2. This act shall take effect immediately.