Assembly Bill A4346A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4346--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  TAYLOR, GOTTFRIED, EPSTEIN, LAVINE,
   DE LA ROSA, D. ROSENTHAL, SIMON, HEVESI, FERNANDEZ,  CARROLL,  MOSLEY,
   KIM,  AUBRY,  COOK,  PERRY,  O'DONNELL, BARRON, REYES, L. ROSENTHAL --
   Multi-Sponsored by -- M. of A. LENTOL -- read once and referred to the
   Committee on Correction -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to findings of the  state
   board  of  parole  necessary for discretionary release of incarcerated
   persons 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  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]  TO  ANY  INCARCERATED  PERSON
 APPEARING BEFORE THE BOARD WHO IS ELIGIBLE FOR RELEASE ON PAROLE, UNLESS
 THE  PAROLE CASE RECORD DEMONSTRATES THERE IS A CURRENT AND UNREASONABLE
 RISK THE PERSON WILL VIOLATE THE LAW IF RELEASED AND SUCH RISK CANNOT BE
 MITIGATED BY PAROLE SUPERVISION. 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]
 INCARCERATED  PERSONS;  (ii)  performance, if any, as a participant in a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05592-02-9

 A. 4346--A                          2
 
 temporary release  program;  (iii)  release  plans  including  community
 resources,  employment,  education  and  training  and  support services
 available to the [inmate]  INCARCERATED  PERSON;  (iv)  any  deportation
 order issued by the federal government against the [inmate] INCARCERATED
 PERSON  while  in  the  custody of the department and any recommendation
 regarding deportation made by the commissioner of the department  pursu-
 ant  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] INCARCERATED PERSON 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] INCARCERATED  PERSON,  the  pre-
 sentence 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] INCARCERATED
 PERSON 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.