The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3475--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by M. of A. DE LA ROSA, CARROLL, AUBRY, CRUZ, LAVINE, PERRY,
   KIM, GOTTFRIED, O'DONNELL, SIMON, EPSTEIN, BARRON,  REYES,  RODRIGUEZ,
   WALKER,  D. ROSENTHAL, COOK, ROZIC, PICHARDO, TAYLOR, DICKENS, JOYNER,
   L. ROSENTHAL, NIOU, FAHY, DARLING, HYNDMAN, VANEL,  FERNANDEZ,  GLICK,
   MITAYNES,  STECK,  GONZALEZ-ROJAS, KELLES, BURGOS, GALLAGHER, MAMDANI,
   ANDERSON, SEPTIMO, FORREST, BURDICK, CLARK, DAVILA,  ZINERMAN,  RAMOS,
   HUNTER,  MEEKS,  JACKSON, SOLAGES, McDONALD, SAYEGH -- Multi-Sponsored
   by -- M. of A. FRONTUS, HEVESI, QUART -- 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 parole eligibility for
   certain incarcerated persons aged fifty-five or older
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 259-c of the executive law is amended by adding two
 new subdivisions 18 and 19 to read as follows:
   18. NOTWITHSTANDING ANY OTHER SECTION OF LAW, WHERE A PERSON SERVING A
 SENTENCE  OF  INCARCERATION  HAS  SERVED AT LEAST FIFTEEN YEARS OF THEIR
 SENTENCE OR SENTENCES AND HAS REACHED THE AGE OF FIFTY-FIVE OR  GREATER,
 CONDUCT  AN  INTERVIEW  WITHIN  SIXTY  DAYS  OF THE DATE OF THE PERSON'S
 FIFTY-FIFTH BIRTHDAY OR THE LAST DAY OF  THE  FIFTEENTH  YEAR  OF  THEIR
 SENTENCE,  WHICHEVER  IS  LATER,  PURSUANT TO SECTION TWO HUNDRED FIFTY-
 NINE-I OF THIS ARTICLE  TO  DETERMINE  WHETHER  SUCH  PERSON  SHOULD  BE
 RELEASED  TO COMMUNITY SUPERVISION. IF THE BOARD DETERMINES THAT RELEASE
 IS  APPROPRIATE  PURSUANT  TO  THE  TERMS    OF  SECTION   TWO   HUNDRED
 FIFTY-NINE-I OF THIS ARTICLE, THEN THE BOARD SHALL RELEASE THE PERSON TO
 COMMUNITY  SUPERVISION.    IF  RELEASE  TO  COMMUNITY SUPERVISION IS NOT
 GRANTED, THE PERSON SHALL BE INFORMED IN WRITING  WITHIN  TWO  WEEKS  OF
 SUCH  APPEARANCE  OF  THE  FACTORS  AND  REASONS  FOR THE DENIAL OF SUCH
 RELEASE AND THE BOARD SHALL SPECIFY A DATE  NOT  MORE  THAN  TWENTY-FOUR
 MONTHS  FROM  SUCH DETERMINATION FOR RECONSIDERATION, AND THE PROCEDURES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02819-08-1

 A. 3475--A                          2
 
 TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE  SAME.  IF  RELEASE  TO
 COMMUNITY SUPERVISION IS GRANTED, THE BOARD SHALL SET RELEASE CONDITIONS
 AND  THE  PROVISIONS OF THIS SECTION SHALL OTHERWISE APPLY AS THOUGH THE
 PERSON WAS RELEASED AFTER THE COMPLETION OF HIS OR HER MINIMUM SENTENCE.
 THE  RELEASE  ASSESSMENT  AND DETERMINATION REQUIRED BY THIS SUBDIVISION
 SHALL BE IN ADDITION TO, AND MAY NOT REPLACE, OTHER RELEASE  ASSESSMENTS
 AND DETERMINATIONS REQUIRED BY LAW.
   19.  SUBMIT  REPORTS, QUARTERLY, TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF
 THE  SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF THE
 SENATE COMMITTEE ON CRIME VICTIMS, CRIME AND CORRECTION, AND THE  CHAIR-
 PERSON  OF  THE  ASSEMBLY  COMMITTEE  ON  CORRECTION. SUCH REPORTS SHALL
 INCLUDE: (I) THE NUMBER  OF  PAROLE  INTERVIEWS  HELD  PURSUANT  TO  THE
 REQUIREMENTS  OF SUBDIVISION EIGHTEEN OF THIS SECTION; (II) THE OUTCOMES
 OF PAROLE INTERVIEWS HELD PURSUANT TO THE  REQUIREMENTS  OF  SUBDIVISION
 EIGHTEEN OF THIS SECTION; AND (III) WHERE PAROLE WAS DENIED FOLLOWING AN
 INTERVIEW  HELD  PURSUANT TO THE REQUIREMENTS OF SUBDIVISION EIGHTEEN OF
 THIS SECTION, THE ARTICULATED REASONS FOR EACH DENIAL,  THE  MEMBERS  OF
 THE  BOARD  ASSIGNED  IN  EACH CASE AND A RECORD OF THEIR VOTES, AND THE
 RACE, SEX, FACILITY, AND CRIME OF CONVICTION OF EACH  DENIED  APPLICANT.
 SUCH REPORTS SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE INFORMATION ABOUT
 APPLICANTS.    REPORTS  REQUIRED  BY THIS SUBDIVISION SHALL BE PUBLISHED
 QUARTERLY ON A PUBLICLY ACCESSIBLE WEBSITE MAINTAINED BY THE BOARD.
   § 2. This act shall take effect immediately; provided that all persons
 who meet the eligibility requirements established by section one of this
 act upon the effective date of this  act  shall  be  interviewed  within
 sixty days of such date.