The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8855
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced by M. of A. DAVILA, CARROLL, AUBRY, CRUZ, LAVINE, PERRY, KIM,
   GOTTFRIED,  O'DONNELL,  SIMON,  EPSTEIN,  REYES, WALKER, D. ROSENTHAL,
   COOK,  ROZIC,  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, ZINERMAN,  RAMOS,  HUNTER,  MEEKS,  JACKSON,  SOLAGES,
   SAYEGH,    LUPARDO,    PRETLOW,    WEPRIN,    SEAWRIGHT,   RICHARDSON,
   BICHOTTE HERMELYN, PEOPLES-STOKES, BRONSON -- Multi-Sponsored by -- M.
   of A. ENGLEBRIGHT, FRONTUS, McDONALD, QUART, THIELE -- read  once  and
   referred to the Committee on Correction
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02819-09-2
 A. 8855                             2

 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.