Senate Bill S4480

2023-2024 Legislative Session

Relates to testimonies in parole hearings

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Sponsored By

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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2023-S4480 (ACTIVE) - Details

See Assembly Version of this Bill:
A2494
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L; amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7531, A10692
2019-2020: S1410, A938
2021-2022: S2663, A508

2023-S4480 (ACTIVE) - Summary

Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.

2023-S4480 (ACTIVE) - Sponsor Memo

2023-S4480 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4480
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  HELMING,  MATTERA, OBERACKER, PALUMBO,
   STEC, TEDISCO, WEIK -- read twice and ordered printed, and when print-
   ed to be committed to  the  Committee  on  Crime  Victims,  Crime  and
   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
              

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