Alters the composition of the state board of parole to include members who shall adequately reflect the composition of the prison population in race, age, and geographic area of residence and who are selected in consultation with the Correctional Association of New York.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2619A
SPONSOR: Perry TITLE OF BILL: An act to amend the executive law, in relation to the
composition of the state board of parole
PURPOSE:
To change the composition of the state board of parole to reflect the
prison population that it serves and to ensure professional diversity
among its members.
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 1 of section 259-b of the
executive law to require that the board of parole have a minimum of
fifteen members. Additionally, this section requires that in making the
appointments, the governor must ensure that the members reflect the
composition of the prison population in race and ethnicity, age, and
geographic area of residence and that the percentage of each demographic
characteristic of the members be proportionate to that of the prison
population.
Section two of the bill states once the bill has gone into effect, that
effective January 1, 2018, the board of parole will be abolished and
that new members shall be appointed by January 1, 2018 so that the board
will be fully operational on that date.
Section three of the bill provides the effective date.
EXISTING LAW:
Under subdivision 1 of § 259-b of the executive law, the governor
appoints not more than 19 members of the New York State Parole Board
with the advice and consent of the New York State Senate.
JUSTIFICATION:
According to the New York State Department of Corrections and Community
Supervision, as of January 1, 2016, the composition of the NYS prison
inmate population is approximately 48.6% African-American, 24.0% Hispan-
ic, 24.4% White, and 3.0% Other. The average age of an inmate is 38.3
years; 43.7% are from New York City, and 25.5% are from Upstate Urban
areas. However, the NYS Parole Board does not reflect this population.
While African-Americans and Latinos are overrepresented in the prison
population, they are underrepresented in most departments within the
state criminal justice system, including membership on the New York
State Board of Parole.Currently, the parole board primarily consists of
members of Caucasian descent.It is important that the parole board
reflects the population it is required to serve.
Moreover, it is important that the parole board administers fair deci-
sions. Executive Law mandates that in making a parole release decision,
the following factors are to be considered: the institutional record
including program goals and accomplishments, academic achievements,
vocational education, training or work assignments, therapy and inter-
personal relationships with staff and inmates; performance, if any, as a
participant in a temporary release program; release plans including
community resources, employment, education and training and support
services available to the inmate; and the written statement of the crime
victim or the victim's representative (see Executive Law 259-1(2)(e)).
This mandate, however, has not been adhered to by the parole board due
to changes in parole board policies.
The percentage of prisoners released on parole has met a continual
decline over the past decade which is attributed to two major changes in
parole laws since 1995. An enacted law in 1995 requires those convicted
of a second violent felony to serve 85 percent of their sentences. In
1998, Jenna's Law was enacted to require all violent felony offenders to
serve 85 percent of their prison terms. This shift in policy away from
granting parole based on case-by-case bases and the provisions outlined
in the aforementioned Executive law, to an en masse denial of parole
based on the original crime, undermines the parole board's decisions in
granting or denying parole.
In order to achieve the standards set in the Executive Law, a diverse
membership of the parole board is necessary, one which reflects the
prison population.
LEGISLATIVE HISTORY:
2015-2016: A.6396 - Referred to Correction
2012-2013: A.7118 - Referred to Correction
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
