Senate Bill S307

                             
                     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.