NY State Senate Bill 2019-S1745

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 16, 2019	referred to crime victims, crime and correction

2019-S1745 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2261
2023-2024: S189

2019-S1745 (ACTIVE) - Summary

Provides that any person interested in the grant or denial of discretionary release 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 parole board may consider.

2019-S1745 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1745

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to third party statements
to the parole board

 
PURPOSE OF THE BILL:

To amend section 259-i of the Executive Law regarding the submission of
written statements by the public.

 
SUMMARY OF PROVISIONS:

This bill amends Executive Law § 259-1(2)(c)(A) to explicitly codify the
public's right to submit written statements regarding release determi-
nations.

 
JUSTIFICATION:

The Board of Parole, as a matter of practice, will review all statements
made by private individuals regarding particular candidates for release.
This includes letters and other statements made by a variety of individ-
uals both in support of and in opposition to that candidate's release.
The Executive Law implicitly allows the consideration of these state-
ments by providing for how the Board must treat the information of the
individuals who submit them. Courts also have endorsed the practice.
However, a minority of trial courts recently have prohibited the Board
from considering statements in opposition from individuals who are not
included within the narrow definition of victim or victim representative
provided by statute.  They do not appear to have considered the impli-
cation of their ruling on statements in support, which similarly would
be restricted.

This principle could lead to a perverse situation in which individuals
affected by a release determination are unable to communicate this fact
to the Board. The individuals so silenced would include both persons
affected by the crime but not included in the narrow definition of
victim representative, such as bystanders and friends and relatives of
the victim, as well as family members and friends of the inmate express-
ing support for release. Consequently, this bill would explicitly
authorize the Board to consider these statements.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2019-S1745 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S1745

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2019-S1745 (ACTIVE) - Details

2019-S1745 (ACTIVE) - Summary

2019-S1745 (ACTIVE) - Sponsor Memo

2019-S1745 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1745

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2019-S1745 (ACTIVE) - Details

2019-S1745 (ACTIVE) - Summary

2019-S1745 (ACTIVE) - Sponsor Memo

2019-S1745 (ACTIVE) - Bill Text download pdf

Comments