|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to crime victims, crime and correction|
|Feb 02, 2021||referred to crime victims, crime and correction|
senate Bill S4065
Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4065 (ACTIVE) - Details
S4065 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4065 SPONSOR: MYRIE TITLE OF BILL: An act to amend the executive law, in relation to the use of risk and needs principles in parole decisions PURPOSE: To clarify the role of risk and needs assessments in parole release decisions SUMMARY OF PROVISIONS: Section 1 amends Subdivision 4 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011 to require risk and needs assessments to be utilized by the parole board in determining whether to release an individual on parole. Section 2 amends Section 259-e of the executive law, as amended by chap-
S4065 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4065 2021-2022 Regular Sessions I N S E N A T E February 2, 2021 ___________ Introduced by Sen. MYRIE -- 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 the use of risk and needs principles in parole decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. establish written procedures for its use in making parole decisions as required by law. Such written procedures shall incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release, and [assist] SHALL BE USED BY members of the state board of parole in determining which inmates may be released to parole super- vision. SUCH PRINCIPLES SHALL PROVIDE THE BASIS UPON WHICH THE BOARD SHALL DETERMINE IF THERE IS A REASONABLE PROBABILITY THAT, IF SUCH INMATE IS RELEASED, HE OR SHE WILL LIVE AND REMAIN AT LIBERTY WITHOUT VIOLATING THE LAW. PROCEDURES WHICH INCORPORATE RISK AND NEEDS PRINCI- PLES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A RISK AND NEEDS ASSESSMENT PREPARED PURSUANT TO SECTION ONE HUNDRED TWELVE OF THE CORRECTION LAW OR OTHER VALIDATED RISK AND NEEDS ASSESSMENT INSTRUMENT ADOPTED BY THE BOARD TO DETERMINE WHETHER OR NOT AN INMATE IS LIKELY TO RE-OFFEND UPON RELEASE FROM INCARCERATION. SUCH RISK AND NEEDS ASSESS- MENT SHALL COMPRISE PRESUMPTIVE EVIDENCE OF THE INMATE'S RISK OF RE-OF- FENSE. SHOULD THE BOARD CHOOSE TO OVERRIDE SUCH RISK AND NEEDS ASSESS- MENT IN DECIDING WHETHER OR NOT AN INMATE WILL LIVE AND REMAIN AT LIBERTY WITHOUT VIOLATING THE LAW, ITS DECISION MUST PROVIDE A DETAILED, INDIVIDUALIZED AND NONCONCLUSORY STATEMENT AS TO ITS REASONS FOR DEPART- ING FROM THE RISK AND NEEDS ASSESSMENT FINDINGS WHICH SHALL BE SUBJECT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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