assembly Bill A9048

2021-2022 Legislative Session

Relates to third party statements to the parole board

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Current Bill Status - In Assembly Committee

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2022 referred to correction

A9048 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2019-2020 Legislative Session:

A9048 (ACTIVE) - Summary

Provides that any person interested in the grant or denial of discretionary release shall have the right to submit a written statement of views in support of or in opposition to the granting of discretionary release which the parole board may consider.

A9048 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                           I N  A S S E M B L Y
                             January 31, 2022
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Correction
 AN ACT to amend the executive law, in relation to third party statements
   to the parole board
   Section 1. Subparagraph (A) of  paragraph  (c)  of  subdivision  2  of
 section  259-i  of  the  executive law, as amended by chapter 322 of the
 laws of 2021 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 incarcerated individual 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 or her 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 institu-
 tional record including  program  goals  and  accomplishments,  academic
 achievements, vocational education, training or work assignments, thera-
 py  and  interactions  with  staff  and  incarcerated  individuals; (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 incarcerated individ-
 ual; (iv) any deportation order issued by the federal government against
 the  incarcerated  individual 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 incarcerated individual would be
 subject had he or she received a sentence pursuant to section  70.70  or
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.