NY State Senate Bill 2019-S497A

Senate Bill S497A

2019-2020 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
May 31, 2019	print number 497a
May 31, 2019	amend (t) and recommit to crime victims, crime and correction
Jan 09, 2019	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S497 - 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 Other Legislative Sessions:: 2017-2018: S8346, A7546
2021-2022: S1415, A4231
2023-2024: A162

2019-S497 - Summary

Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.

2019-S497 - Sponsor Memo

                                
 
BILL NUMBER: S497

SPONSOR: RIVERA
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that the Board of Parole shall release inmates upon completion
of their minimum terms of incarceration unless doing so presents an
unreasonable public safety risk or the inmate is unlikely to live with-
out violating the law.

 
SUMMARY OF PROVISIONS:

Section 1 amends Executive Law § 259-i (2)(c)(A). Section 2 provides an
effective date.

 
JUSTIFICATION:

When making a decision about whether to release an inmate to community
supervision, the Board of Parole is currently required to take into
account the inmate's likelihood of committing future crimes upon release
and to determine whether or not an inmate's release will deprecate the
seriousness of the crime. In practice, the Board does riot often release
an inmate on his or her first appearance if the underlying crime was
violent, even it if it took place more than 25 years prior to the board
appearance and the inmate has a low risk of reoffending. Current law
also makes the board susceptible to political pressure to deny parole to
inmates with high profile crimes even if they are thoroughly rehabili-
tated with excellent prison records because such a release could be
considered by advocacy groups to "deprecate the seriousness of his
crime." In 2015, only 177: of inmates were released upon their first
board appearances, and only 20 on subsequent appearances. The Board's
failure to grant parole to low risk inmates results in expensive,
prolonged, unnecessary incarceration cf middle aged and older inmates
who have a very low probability of recidivism and who are very expensive
to incarcerate because of high medical costs.This bill woul d require
the board to release people to community super- vision when their mini-
mum period of incarceration has been served unless there is a clearly
articulated current public safety reason to keep them in prison. On
subsequent board appearances, there would be a presumption of release
unless the board determines by a preponderance of evidence that an
inmate is unlikely to live without violating the law and that his or her
release poses an unreasonable public safety risk.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will save the state approximately $60,000 per year for every
inmate who is released upon the completion of his or her minimum
sentence but who would have been kept in prison under current. law. It
has no costs associated with it.

 
EFFECTIVE DATE:
Immediately

2019-S497 - 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

                       [ ] is old law to be omitted.
                                                            LBD05592-01-9

 S. 497                              2
 
 interactions with staff and inmates; (ii)  performance,  if  any,  as  a
 participant  in a temporary release program; (iii) release plans includ-
 ing 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  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;  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 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.

co-Sponsors

View additional co-sponsors

2019-S497A (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 Other Legislative Sessions:: 2017-2018: S8346, A7546
2021-2022: S1415, A4231
2023-2024: A162

2019-S497A (ACTIVE) - Summary

Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.

2019-S497A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S497A      Revised 1/17/2020

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that the Board of Parole shall release incarcerated persons who
are eligible for release on parole unless such person presents a current
and unreasonable risk or such risk cannot be mitigated by parole super-
vision.

 
SUMMARY OF PROVISIONS:

Section 1 amends Executive Law § 259-i (2)(c) (A) to grant discretionary
release on parole unless the person poses a current and unreasonable
risk. This section also changes the word "inmate" to incarcerated

person."

Section 2 provides an effective date.

 
JUSTIFICATION:

When making a decision about whether to release an incarcerated person
to community supervision, the Board of Parole is currently required to
take into account the incarcerated persons' likelihood of committing
future crimes upon release and to determine whether or not an incarcer-
ated persons' release will "deprecate the seriousness of the crime." In
practice, the Board does not often release an incarcerated person on
their first appearance if the underlying crime was violent, even it if
it took place more than 25 years prior to the board appearance and even
when the incarcerated person has a low risk of reoffending. Current law
also makes the board susceptible to political pressure to deny parole to
incarcerated individuals with high profile crimes, even if they are
thoroughly rehabilitated with excellent prison records, because such a
release could be considered by advocacy groups to "deprecate the seri-
ousness of the crime." In 2015, only 177 of incarcerated individuals
were released upon their first board appearance, and only 20 on subse-
quent appearances. The Board's failure to grant parole to low risk
incarcerated individuals results in expensive, prolonged, and unneces-
sary incarceration of middle aged and older incarcerated individuals who
have a very low probability of recidivism and who are very expensive to
incarcerate because of high medical costs upon aging.

This bill would require the Board of Parole to release people to commu-
nity supervision when their minimum period of incarceration has been
served, unless there is a clearly articulated current public safety
reason to keep them in prison. On subsequent board appearances, there
would be a presumption of release unless the board determines by a
preponderance of evidence that an inmate is unlikely to live without
violating the law and that their release poses an unreasonable public
safety risk.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will save the state approximately $60,000 per year for every
incarcerated person who is released upon the completion of their minimum
sentence but who would have been kept in prison under current law. It
has no costs associated with it.

 
LEGISLATIVE HISTORY:

2018: S. 8346

 
EFFECTIVE DATE:
Immediately.

2019-S497A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  497--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, COMRIE, HOYLMAN, JACKSON, MONTGOMERY, MYRIE,
   PARKER,  RAMOS,  SALAZAR,  SANDERS, SEPULVEDA, SERRANO, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee   on  Crime  Victims,  Crime  and  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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05592-03-9

 S. 497--A                           2
 
 INCARCERATED  PERSONS;  (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]  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.

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Senate Bill S497A

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Sponsored By

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

Bill Amendments

co-Sponsors

2019-S497 - Details

2019-S497 - Summary

2019-S497 - Sponsor Memo

2019-S497 - Bill Text download pdf

co-Sponsors

2019-S497A (ACTIVE) - Details

2019-S497A (ACTIVE) - Summary

2019-S497A (ACTIVE) - Sponsor Memo

2019-S497A (ACTIVE) - Bill Text download pdf

Comments