S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3734                                                  A. 5528
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed  to  be  committed  to  the Committee on Crime
   Victims, Crime and Correction
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to the Committee on Correction

 AN  ACT  to amend the executive law, in relation to requiring inmates to
   have an acceptable residence to qualify for 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 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. 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  achievements,  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  [including]  SHALL
 INCLUDE, IN ADDITION TO community resources, employment,  education  and
 training  and  support  services  available to the inmate, AN ACCEPTABLE
 RESIDENCE. IN ORDER FOR A RESIDENCE TO BE AN  ACCEPTABLE  RESIDENCE  AND
 QUALIFY  THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A PERMA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03217-01-9

 S. 3734                             2                            A. 5528
 
 NENT RESIDENCE, AND NOT A TEMPORARY SHELTER INCLUDING, BUT  NOT  LIMITED
 TO,  A  HOMELESS  SHELTER,  MOTEL/HOTEL, OR TRAILER, AND SHALL ALLOW THE
 INMATE TO COMPLY WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING
 PLACEMENT OF REGISTERED SEX OFFENDERS; (iv) any deportation order issued
 by 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. The board shall provide toll  free  tele-
 phone 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.