NY State Senate Bill 2023-S307

Senate Bill S307

2023-2024 Legislative Session

Relates to findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
May 23, 2023	reported and committed to finance
Jan 04, 2023	referred to crime victims, crime and correction

Votes

- May 22, 2023 - Crime Victims, Crime And Correction Committee Vote
  S307
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 22, 2023
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (2)
      
      Gallivan
      
      Rolison

co-Sponsors

View additional co-sponsors

2023-S307 (ACTIVE) - Details

See Assembly Version of this Bill:: A162
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7546
2019-2020: A4346
2021-2022: S7514, A4231

2023-S307 (ACTIVE) - Summary

Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

2023-S307 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S307

SPONSOR: SALAZAR
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that the Board of Parole shall release incarcerated persons who
are 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.

 
SUMMARY OF PROVISIONS:

Section 1 amends Executive Law § 259-i (2)(c)(A) to require the granting
of release on parole to individuals who are eligible for parole release,
unless the parole case record demonstrates there is a current and unrea-

sonable risk the individual will violate the law if released and such
risk cannot be mitigated by parole supervision. The determination as to
whether there is a current and unreasonable risk of the individual
violating the law that cannot be mitigated by parole supervision must be
based on consideration of seven 'factors listed in the statute, includ-
ing evidence of rehabilitation and reform, participation in programming
and therapeutic support, and release plans. A decision to deny parole
release may not be based solely or primarily on any or all of the
following factors:  statements made by the crime victim or represen-
tative, the seriousness of the original offense, prior criminal record.
A decision to deny parole release must be in writing with detailed, and
individualized explanation as to how the parole case record and the
enumerated factors were considered and weighed.

  Section  2  requires  the board of parole to, submit quarterly reports
relating to denials of parole release.

  Section 3 provides an effective date.

 
JUSTIFICATION:

When making a decision about whether to release an  incarcerated  person
to  community  supervision, the Board of Parole is currently required to
take into account the incarcerated  persons'  likelihood  of  committing
future  crimes upon release and to determine whether or not an incarcer-
ated persons' release will "deprecate the seriousness of the crime."  In
practice,  the  Board  does  not often release an incarcerated person on
their first appearance if the underlying crime was violent, even  it  if
it took place more than 25 years prior to the board appearance. and even
when  the incarcerated person has a low risk of reoffending. Current law
also makes the board susceptible to political pressure to deny parole to
incarcerated individuals with high profile  crimes.  Even  if  they  are
thoroughly  rehabilitated with excellent prison records 60% of incarcer-
ated individuals are being denied release by the Parole Board,  and  90%
of  denials  are  due to the nature of the original crime(1), minimizing
any efforts, growth, and rehabilitation  that  may  have  occurred  over
years of incarceration.  The Board's failure to grant parole to low risk
incarcerated  individuals  results in expensive, prolonged, and unneces-
sary 'incarceration of middle aged and  older  incarcerated  individuals
who have a very low probability of recidivism, costing the state between
$100.,000 to $240,000 per year, per person, in comparison to $60,000 per
year for a younger incarcerated individual(2), According to the People's
Campaign  for  Parole  Justice.  According  to  the New York State Comp-
troller's Office, The number  of  older  individuals  has  continued  to
increase,  more  than  doubling  from  2008  to 2021.(3) This bill would
require the Board of Parole to release people to  community  supervision
when their minimum period of incarceration has been served, unless there
is  a  clearly  articulated current public safety reason to keep them in
prison. On subsequent board appearances, there would be a presumption of
release unless the board determines by a preponderance of evidence  that
an incarcerated individual is unlikely to live without violating the law
and that their release poses an unreasonable public safety risk.

 
SOCIAL JUSTICE IMPACT

In  December  2022  the  Senate  held a Public Hearing to solicit public
opinion on this bill. With in-person testimony and more than 60  written
testimony  submissions, from directly impacted individuals and families,
survivors of crime, legal experts, and advocates, the feedback consisted
of overwhelming, support. Many of the testimonies highlighted the  crit-
ical  nature of this bill in regard to the impact it will have on racial
justice, as well as human and civil rights. In New York, African  Ameri-
can people make up 15% of the overall population, but nearly half of the
prison  population,  and  a  2016  New York Times investigation revealed
African American people were released at their first Parole Board  Hear-
ing  15%  of the time, compared to 25% of their white counterparts. This
bill will directly contribute to minimizing the clear  racial  disparity
that  currently  exists. Additionally, the excessive funds that would be
saved by the state can and should be better spent on the pressing  needs
of  low-income  communities,  particularly  communities  of color. These
needs include accessible and affordable health care  and  mental  health
care, housing, childcare, overdose prevention and substance abuse treat-
ment,  high-quality  public education, accessible victim assistance, and
sufficient reentry support for all returning community members.  All  of
which  will improve the quality of life for people in New York, and will
contribute to deterrence from crime, ultimately enhancing public  safety
and human rights.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This  bill will save the state at least $60,000, and as much as $240,000
per year  for  every  incarcerated  person  who  is  released  upon  the
completion  of  their  minimum  sentence but who would have been kept in
prison under current law, or $333 million dollars annually.  It  has  no
costs associated with it.

 
LEGISLATIVE HISTORY:

SENATE:

2017-2018:   S8346  (Rivera)  -  Referred  to  Crime  Victims,  Crime  &
Correction

2019-2020:  S497A  (Rivera)  -  Referred  to  Crime  Victims,  Crime   &
Correction
2021:  S1415A  (Rivera)  -  Reported  out  of  Crime  Victims,  Crime  &
Correction

2022: S7514 (Salazar) - Referred to Crime Victims, Crime & Correction

ASSEMBLY:

2017-2018: A7546 (Weprin) - Referred to Corrections

2019-2020: A4346A- Referred to Corrections

2021: A4321- Reported out of Corrections, referred to Codes

2022: Referred to Codes

 
EFFECTIVE DATE:
Immediately.
1  Heller,  B.,  Green,  C.,  Purkayastha,  S.,  King,  B., & Boldin, A.
(2021). Toward A Fairer Parole Process: Examining Parole Denials in  New
York   State.   The   Vera   Institute   of   Justice.   Retrieved  from
https://www.vera.org/publications/toward-a-fairer-parole-process.      2
https://centerforjustice.columbia.edu/sites/default/files/content/Finar
/020Unlocking¤/020Billione/020Report .pdf 3 New York State's Aging Pris-
on Population: Share of Older Adults Keeps Rising. (2022). Office of the
New York State Comptroller.

2023-S307 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    307
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. SALAZAR, RIVERA, BAILEY, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE, COONEY, GIANARIS, GONZALEZ, HARCKHAM,  HOYLMAN,  JACK-
   SON,  KAVANAGH,  KENNEDY,  KRUEGER,  LIU,  MAY,  MAYER, MYRIE, PARKER,
   RAMOS, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- 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 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-
 vision four of section two hundred fifty-nine-c of  this  article  shall
 require  that the following be considered: (i) [the institutional record

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00229-01-3
 S. 307                              2

 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
 sentencing.  Such  information  may include, but need not be limited to,
 the threatening or intimidating conduct of any other person who or which
 S. 307                              3
 
 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.

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