The New York State Senate

                    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.