senate Bill S497

2019-2020 Legislative Session

Relates to findings of the state board of parole necessary for discretionary release of inmates on parole

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Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to crime victims, crime and correction

Co-Sponsors

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S497 (ACTIVE) - Details

See Assembly Version of this Bill:
A4346
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S8346, A7546

S497 (ACTIVE) - Summary

Requires the state board of parole to find that an inmate presents an unreasonable current public safety risk to deny discretionary release to parole and provides that if parole is denied that release shall be presumed at subsequent hearings absent a preponderance of evidence that an inmate presents an unreasonable public safety risk.

S497 (ACTIVE) - Sponsor Memo

S497 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   497

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. RIVERA, SEPULVEDA, SERRANO -- 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 findings of the  state
  board  of  parole  necessary  for  discretionary release of inmates 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] UPON COMPLETION OF THE MINIMUM TERM
OF INCARCERATION IMPOSED BY THE SENTENCING  COURT  IF  THE  BOARD  FINDS
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] DOES NOT PRESENT AN UNREASONABLE CURRENT PUBLIC  SAFETY
RISK.  IF DISCRETIONARY RELEASE TO PAROLE IS NOT GRANTED AT THE INMATE'S
INITIAL PAROLE BOARD APPEARANCE, THERE SHALL BE A PRESUMPTION OF RELEASE
AT ANY SUBSEQUENT BOARD APPEARANCE ABSENT A  PREPONDERANCE  OF  EVIDENCE
THAT  THE  INMATE IS UNLIKELY TO LIVE WITHOUT VIOLATING THE LAW AND THAT
HIS OR HER RELEASE PRESENTS AN UNREASONABLE CURRENT PUBLIC SAFETY  RISK.
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  achieve-
ments,  vocational  education, training or work assignments, therapy and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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