S T A T E O F N E W Y O R K
________________________________________________________________________
2494
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. JONES, RIVERA, DICKENS, J. A. GIGLIO, McDONOUGH,
RA, BUTTENSCHON, MILLER, MANKTELOW -- Multi-Sponsored by -- M. of A.
BARCLAY, COOK, HAWLEY -- read once and referred to the Committee on
Correction
AN ACT to amend the executive law and the criminal procedure law, in
relation to statements to the state board of 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 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 probability
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. In making the parole release decision, the procedures adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article shall require that the following be considered: (i) the institu-
tional record including program goals and accomplishments, academic
achievements, vocational education, training or work assignments, thera-
py and interactions with staff and incarcerated individuals; (ii)
performance, if any, as a participant in a temporary release program;
(iii) release plans including community resources, employment, education
and training and support services available to the incarcerated individ-
ual; (iv) any deportation order issued by the federal government against
the incarcerated individual while in the custody of the department and
any recommendation regarding deportation made by the commissioner of the
department pursuant to section one hundred forty-seven of the correction
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02531-01-3
A. 2494 2
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) ANY STATEMENT
IN SUPPORT OR OPPOSITION MADE TO THE BOARD BY A THIRD PARTY; (VII) 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)] (VIII) 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 incarcer-
ated individual, the pre-sentence probation report as well as consider-
ation of any mitigating and aggravating factors, and activities follow-
ing arrest prior to confinement; and [(viii)] (IX) prior criminal
record, including the nature and pattern of offenses, adjustment to any
previous probation or parole supervision and institutional confinement.
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 intimidating conduct toward the victim, the victim's
representative, or the victim's family, made by the person sentenced and
occurring after the 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. Subparagraph (B) 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:
(B) Where a crime victim or victim's representative as defined in
subparagraph (A) of this paragraph, [or other person] submits to the
parole board a written statement concerning the release of an incarcer-
ated individual, SUCH STATEMENT SHALL BE DEEMED CONFIDENTIAL AND SHALL
ONLY BE MADE AVAILABLE TO the parole board [shall keep that individual's
name and address confidential] FOR USE IN RENDERING PAROLE DECISIONS.
§ 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
1. Upon the request of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a violent
felony offense as defined in section 70.02 of the penal law, a felony
defined in article one hundred twenty-five of such law, or a felony
defined in article one hundred thirty of such law, the district attorney
shall, within sixty days of the final disposition of the case, inform
the victim by letter of such final disposition. If such final disposi-
tion results in the commitment of the defendant to the custody of the
department of corrections and community supervision for an indeterminate
A. 2494 3
sentence, the notice provided to the crime victim shall also inform the
victim of his or her right to submit a written, audiotaped, or vide-
otaped victim impact statement to the department of corrections and
community supervision or to meet personally with a member of the state
board of parole at a time and place separate from the personal interview
between a member or members of the board and the incarcerated individual
and make such a statement, subject to procedures and limitations
contained in rules of the board, both pursuant to subdivision two of
section two hundred fifty-nine-i of the executive law. SUCH NOTICE SHALL
INFORM THE VICTIM THAT A WRITTEN, AUDIOTAPED, OR VIDEOTAPED VICTIM
IMPACT STATEMENT SHALL BE DEEMED CONFIDENTIAL AND SHALL ONLY BE MADE
AVAILABLE TO THE STATE BOARD OF PAROLE FOR USE IN RENDERING PAROLE DECI-
SIONS. A copy of such letter shall be provided to the board of parole.
The right of the victim under this subdivision to submit a [written]
victim impact statement or to meet personally with a member of the state
board of parole applies to each personal interview between a member or
members of the board and the incarcerated individual.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.