NY State Senate Bill 2025-S159

Senate Bill S159

2025-2026 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Finance 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
Apr 08, 2025	reported and committed to finance
Jan 08, 2025	referred to crime victims, crime and correction

Votes

- Apr 8, 2025 - Crime Victims, Crime And Correction Committee Vote
  S159
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 8, 2025
      
      aye (5)
      
      Bailey
      
      Harckham
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (2)
      
      Murray
      
      Rolison

co-Sponsors

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2025-S159 (ACTIVE) - Details

See Assembly Version of this Bill:: A127
Current Committee:: Senate Finance
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
2023-2024: S307, A162

2025-S159 (ACTIVE) - Summary

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

2025-S159 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S159

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 grant-
ing of release on parole to individuals who are eligible for parole
release, unless the parole case record demonstrates there is a current

and unreasonable risk the individual will violate the law if released
and such risk cannot be mitigated by parole supervision. The determi-
nation as to whether there is a current and unreasonable risk of the
individual violating the law that cannot be mitigated by parole super-
vision must be based on consideration of seven 'factors listed in the
statute, including 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 repre-
sentative, 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:

The current decision-making process in the Board of Parole does not
properly serve the goals of rehabilitation and community safety. This
bill would establish fair procedures for determining whether to release
an individual eligible for release, offer proper recognition for rehabi-
litative work of incarcerated individuals, enhance community safety,
reduce racial disparities in release rates, and would have a significant
positive fiscal impact on New York State.

When deciding whether to release an incarcerated person to community
supervision, the Board of Parole currently is required to consider the
person's likelihood of committing future crimes upon release and to
determine whether the person's release would "deprecate the seriousness
of the crime." In practice, this provision results in the Board rarely
releasing individuals on their first appearance if the underlying crime
was violent, even if it took place many years prior to the Board appear-
ance and even when the person has a low risk of reoffending.
This practice of not releasing individuals who can, in fact, be released
to the community with no risk to community safety, also results in a
significant racial disparity. According to a November 2024 report by The
Center on Race Inequality & The Law at NYU Law School, parole release
data from the last three years show the widest gap in release rate
racial disparities since the state began collecting this data in 2016.
According to their findings, there would have been thousands of addi-
tional grants of release of people of color if release rates for people
of color matched those of white people. This stark racial disparity was
present even after controlling for variables such as prior offenses and
seriousness of the underlying crime of conviction. (1)

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 incarcerated individuals are denied release by the Parole Board, and
90% of denials are due to the nature of the original crime (2), minimiz-
ing 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 unnecessary 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 (3), according to the People's Campaign for Parole Justice.
According to the New York State Comptroller's Office, the number of
older individuals has continued to increase, more than doubling from
2008 to 2021. (4)

This bill would require the Board of Parole to release people to commu-
nity 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. 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 AND RACIAL JUSTICE IMPACT

As noted above, there is a clear and stark racial disparity in rates of
release of parole in New York. The denial of parole to thousands of
individuals who--but for the race-based disparity would have been home
with their families and in their communities-creates and enlarges the
harm already caused by lengthy periods of incarceration. This harm is
more keenly experienced by communities of color in New York State.

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 for passage of this bill.  Many of the testimo-
nies highlighted the critical nature of this bill in regard to the
impact it will have on racial justice, as well as human and civil
rights.

Additionally, the funds that will be saved by NYS when this bill is
enacted could 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 treatment,
high-quality public education, accessible victim assistance, and suffi-
cient reentry support for all returning community members. Al.of which
will improve the quality of life for people in New York, and will
contribute to deterrence from crime, 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 each 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:

2024: S307 (Salazar)- Referred to Crime Victims, Crime & Correction.
Reported and Committed to Finance

2023: S307 (Salazar) - Referred to Crime Victims, Crime & Correction.
Reported and Committed to Finance

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

2021: S7514 (Salazar) - Referred to Rules (Same bill)

2021: S1415A (Rivera) - Reported out of Crime Victims, Crime &
Correction, enacting clause stricken

2019-2020: S497A (Rivera) - Referred to Crime Victims, Crime &
Correction

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

ASSEMBLY:

2023-2024: A162 (Weprin) - Referred to Correction, Reported to Codes

2022: A4321A (Weprin) - Referred to Codes

2021: A4321A (Weprin) - Referred to Correction, reported to Codes,
Amended

2020: A4346A (Weprin) - Referred to Codes

2019: A4346A (Weprin) - Referred to Correction, Amended, Reported to
Codes

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

 
EFFECTIVE DATE:
Immediately.
1.  
HTTPS://DRIVE.GOOGLE.COM/
FILE/D/10A22SJVMATJDR06UMCNHX_WXDLGMAD/VIEW
2. 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.
3. https://centerforjustice.columbia.edu/sites/
default/files/content/Final%20Unl ocking%20Billions%20Report.pdf
4. https://www.osc.ny.gov/files/reports/pdf/
aging-prison-population-2022.pdf

2025-S159 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    159
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SALAZAR, RIVERA, BAILEY, BRISPORT, BROUK, CLEARE,
   COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCK-
   HAM, HINCHEY, HOYLMAN-SIGAL, JACKSON,  KAVANAGH,  KRUEGER,  LIU,  MAY,
   MAYER,  PARKER,  RAMOS, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB --
   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.

                                                            LBD00493-01-5
 S. 159                              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 SUCH INDIVIDUAL 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. 159                              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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