senate Bill S4065

2021-2022 Legislative Session

Relates to the use of risk and needs principles in parole decisions

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


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

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Actions

view actions (2)
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

S4065 (ACTIVE) - Details

See Assembly Version of this Bill:
A4452
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §§259-c, 259-e & 259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9960
2017-2018: S7895, A1909
2019-2020: S743, A5800

S4065 (ACTIVE) - Summary

Requires the use of risk and needs assessments in parole decisions; provides a process permitting inmates to correct verifiable factual mistakes or errors in their risk and needs assessments or other non-confidential documents given the board prior to their appearances.

S4065 (ACTIVE) - Sponsor Memo

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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