S T A T E O F N E W Y O R K
________________________________________________________________________
2035
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. DAVILA, CARROLL, AUBRY, CRUZ, KIM, SIMON,
EPSTEIN, REYES, WALKER, COOK, ROZIC, TAYLOR, DICKENS, JOYNER,
L. ROSENTHAL, FAHY, DARLING, HYNDMAN, VANEL, GLICK, MITAYNES, STECK,
GONZALEZ-ROJAS, KELLES, BURGOS, GALLAGHER, MAMDANI, ANDERSON, SEPTIMO,
FORREST, BURDICK, CLARK, ZINERMAN, RAMOS, HUNTER, MEEKS, JACKSON,
SAYEGH, LUPARDO, PRETLOW, WEPRIN, SEAWRIGHT, BICHOTTE HERMELYN,
PEOPLES-STOKES, BRONSON, PAULIN, DILAN, FALL, GIBBS, DE LOS SANTOS,
LUCAS, CUNNINGHAM, TAPIA -- Multi-Sponsored by -- M. of A. BARRETT,
THIELE -- read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to parole eligibility for
certain incarcerated persons aged fifty-five or older
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 259-c of the executive law is amended by adding two
new subdivisions 18 and 19 to read as follows:
18. NOTWITHSTANDING ANY OTHER SECTION OF LAW, WHERE A PERSON SERVING A
SENTENCE OF INCARCERATION HAS SERVED AT LEAST FIFTEEN YEARS OF THEIR
SENTENCE OR SENTENCES AND HAS REACHED THE AGE OF FIFTY-FIVE OR GREATER,
CONDUCT AN INTERVIEW WITHIN SIXTY DAYS OF THE DATE OF THE PERSON'S
FIFTY-FIFTH BIRTHDAY OR THE LAST DAY OF THE FIFTEENTH YEAR OF THEIR
SENTENCE, WHICHEVER IS LATER, PURSUANT TO SECTION TWO HUNDRED FIFTY-
NINE-I OF THIS ARTICLE TO DETERMINE WHETHER SUCH PERSON SHOULD BE
RELEASED TO COMMUNITY SUPERVISION. IF THE BOARD DETERMINES THAT RELEASE
IS APPROPRIATE PURSUANT TO THE TERMS OF SECTION TWO HUNDRED
FIFTY-NINE-I OF THIS ARTICLE, THEN THE BOARD SHALL RELEASE THE PERSON TO
COMMUNITY SUPERVISION. IF RELEASE TO COMMUNITY SUPERVISION IS NOT
GRANTED, THE PERSON SHALL BE INFORMED IN WRITING WITHIN TWO WEEKS OF
SUCH APPEARANCE OF THE FACTORS AND REASONS FOR THE DENIAL OF SUCH
RELEASE AND THE BOARD SHALL SPECIFY A DATE NOT MORE THAN TWENTY-FOUR
MONTHS FROM SUCH DETERMINATION FOR RECONSIDERATION, AND THE PROCEDURES
TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. IF RELEASE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02069-01-3
A. 2035 2
COMMUNITY SUPERVISION IS GRANTED, THE BOARD SHALL SET RELEASE CONDITIONS
AND THE PROVISIONS OF THIS SECTION SHALL OTHERWISE APPLY AS THOUGH THE
PERSON WAS RELEASED AFTER THE COMPLETION OF HIS OR HER MINIMUM SENTENCE.
THE RELEASE ASSESSMENT AND DETERMINATION REQUIRED BY THIS SUBDIVISION
SHALL BE IN ADDITION TO, AND MAY NOT REPLACE, OTHER RELEASE ASSESSMENTS
AND DETERMINATIONS REQUIRED BY LAW.
19. SUBMIT REPORTS, QUARTERLY, TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF THE
SENATE COMMITTEE ON CRIME VICTIMS, CRIME AND CORRECTION, AND THE CHAIR-
PERSON OF THE ASSEMBLY COMMITTEE ON CORRECTION. SUCH REPORTS SHALL
INCLUDE: (I) THE NUMBER OF PAROLE INTERVIEWS HELD PURSUANT TO THE
REQUIREMENTS OF SUBDIVISION EIGHTEEN OF THIS SECTION; (II) THE OUTCOMES
OF PAROLE INTERVIEWS HELD PURSUANT TO THE REQUIREMENTS OF SUBDIVISION
EIGHTEEN OF THIS SECTION; AND (III) WHERE PAROLE WAS DENIED FOLLOWING AN
INTERVIEW HELD PURSUANT TO THE REQUIREMENTS OF SUBDIVISION EIGHTEEN OF
THIS SECTION, THE ARTICULATED REASONS FOR EACH DENIAL, THE MEMBERS OF
THE BOARD ASSIGNED IN EACH CASE AND A RECORD OF THEIR VOTES, AND THE
RACE, SEX, FACILITY, AND CRIME OF CONVICTION OF EACH DENIED APPLICANT.
SUCH REPORTS SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE INFORMATION ABOUT
APPLICANTS. REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE PUBLISHED
QUARTERLY ON A PUBLICLY ACCESSIBLE WEBSITE MAINTAINED BY THE BOARD.
§ 2. This act shall take effect immediately; provided that all persons
who meet the eligibility requirements established by section one of this
act upon the effective date of this act shall be interviewed within
sixty days of such date.