S T A T E O F N E W Y O R K
________________________________________________________________________
162
2023-2024 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2023
___________
Introduced by M. of A. WEPRIN, WALKER, FAHY, HUNTER, CRUZ, DICKENS,
MAMDANI, GONZALEZ-ROJAS, MITAYNES, KELLES, BURDICK, ANDERSON, MEEKS,
SEPTIMO, BURGOS, DAVILA, ZINERMAN, RAMOS, GALLAGHER, CLARK,
PEOPLES-STOKES, BICHOTTE HERMELYN, SAYEGH, LUPARDO, JACOBSON, GLICK,
JACKSON, HYNDMAN, DARLING, STECK, PAULIN, GIBBS, FALL, BRONSON,
RIVERA, TAPIA, CUNNINGHAM, LUCAS, DE LOS SANTOS -- Multi-Sponsored by
-- M. of A. THIELE -- read once and referred to the Committee on
Correction
AN ACT to amend the executive law, in relation to findings of the state
board of parole necessary for discretionary release of incarcerated
individuals on parole
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
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] 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 probabili-
ty 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] TO ANY INCARCERATED INDIVIDUAL APPEARING BEFORE THE BOARD WHO
IS ELIGIBLE FOR RELEASE ON PAROLE, UNLESS THE PAROLE CASE RECORD DEMON-
STRATES THERE IS A CURRENT AND UNREASONABLE RISK THE INDIVIDUAL WILL
VIOLATE THE LAW IF RELEASED AND SUCH RISK CANNOT BE MITIGATED BY PAROLE
SUPERVISION. In making the [parole release decision] DETERMINATION AS
TO WHETHER AN INDIVIDUAL POSES A CURRENT AND UNREASONABLE RISK OF
VIOLATING THE LAW IF RELEASED, the procedures adopted pursuant to subdi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00229-01-3
A. 162 2
vision four of section two hundred fifty-nine-c of this article shall
require that the following be considered: (i) [the institutional record
including program goals and accomplishments, academic achievements,] ANY
AND ALL EVIDENCE OF REHABILITATION AND REFORM, INCLUDING BUT NOT LIMITED
TO SELECTION FOR PARTICIPATION IN A TEMPORARY RELEASE PROGRAM, PARTIC-
IPATION IN OTHER PROGRAMMING, THERAPEUTIC SUPPORT, COMMUNITY SERVICE, OR
vocational education, AND ANY training or work assignments THAT THE
DEPARTMENT MADE AVAILABLE TO THE INCARCERATED INDIVIDUAL, [therapy and
interactions with] AND STATEMENTS OF SUPPORT FROM staff, VOLUNTEERS and
OTHER incarcerated individuals; (ii) [performance, if any, as a partic-
ipant in a temporary release program; (iii)] release plans including
SUPPORT FROM FAMILY MEMBERS AND community [resources] NETWORKS, employ-
ment, [education] EDUCATIONAL and training OPPORTUNITIES, CLINICAL,
THERAPEUTIC AND OTHER REENTRY SERVICES, and ANY OTHER AVAILABLE support
services [available to the incarcerated individual; (iv)]; (III) any
deportation order issued by the federal government against the incarcer-
ated individual while in the custody of the department and any recommen-
dation regarding deportation made by the commissioner of the department
pursuant to section one hundred forty-seven of the correction law; (IV)
THE LENGTH OF THE DETERMINATE SENTENCE TO WHICH THE INCARCERATED INDI-
VIDUAL WOULD BE SUBJECT HAD HE OR SHE RECEIVED A SENTENCE PURSUANT TO
SECTION 70.70 OR SECTION 70.71 OF THE PENAL LAW FOR A FELONY DEFINED IN
ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO HUNDRED TWENTY-TWO OF THE
PENAL 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
section 70.71 of the penal law for a felony defined in article two
hundred twenty or article two hundred twenty-one of the penal law;
(vii)] the seriousness of the offense with due consideration to the type
of sentence, length of sentence and recommendations of the sentencing
court, the district attorney, the attorney for the incarcerated individ-
ual, the pre-sentence probation report as well as consideration of any
mitigating and aggravating factors, and activities following arrest
prior to confinement; and [(viii)] (VII) prior criminal record, includ-
ing the nature and pattern of offenses, adjustment to any previous
probation or parole supervision and institutional confinement. IN
CONSIDERING WHETHER THERE IS A CURRENT AND UNREASONABLE RISK THE INDI-
VIDUAL WILL VIOLATE THE LAW IF RELEASED AND SUCH RISK CANNOT BE MITI-
GATED BY PAROLE SUPERVISION, THE BOARD SHALL NOT BASE THEIR DETERMI-
NATION SOLELY OR PRIMARILY ON ANY OR ALL OF THE FACTORS CONTAINED IN
CLAUSES (V) THROUGH (VII) OF THIS SUBPARAGRAPH. THE BOARD SHALL EXPLAIN
IN WRITING IN DETAILED, INDIVIDUALIZED, AND NON-CONCLUSORY TERMS THE
BASIS FOR A DENIAL OF PAROLE, INCLUDING HOW THE PAROLE CASE RECORD AND
THE ENUMERATED FACTORS WERE CONSIDERED AND WEIGHED. The board shall
provide toll free telephone access for crime victims. In the case of an
oral statement made in accordance with subdivision one of section 440.50
of the criminal procedure law, the parole board member shall present a
written report of the statement to the parole board. A crime victim's
representative shall mean the crime victim's closest surviving relative,
the committee or guardian of such person, or the legal representative of
any such person. Such statement submitted by the victim or victim's
representative may include information concerning threatening or intim-
idating conduct toward the victim, the victim's representative, or the
victim's family, made by the person sentenced and occurring after the
A. 162 3
sentencing. Such information may include, but need not be limited to,
the threatening or intimidating conduct of any other person who or which
is directed by the person sentenced. Any statement by a victim or the
victim's representative made to the board shall be maintained by the
department in the file provided to the board when interviewing the
incarcerated individual in consideration of release. A victim or
victim's representative who has submitted a written request to the
department for the transcript of such interview shall be provided such
transcript as soon as it becomes available.
§ 2. The state board of parole shall report quarterly in writing to
the governor, the temporary president of the senate, the minority leader
of the senate, the speaker of the assembly, the minority leader of the
assembly, and to the chairpersons of the assembly committee on
correction and the senate committee on crime victims, crime and
correction on denials of parole. Written reports shall include the
number of individuals denied parole release each month, the articulated
reasons for each denial, the assigned commissioners in each case and a
record of their votes, and demographic information on each applicant
denied including race, sex, facility, and crime of conviction. Reports
shall exclude information that would identify the individual. Reports
required by this section shall be made available to the public and post-
ed quarterly on the websites maintained by the state board of parole.
§ 3. This act shall take effect immediately.