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SB1854 Summary:

BILL NO    S01854 

SAME AS    SAME AS UNI. A01456

SPONSOR    LAVALLE

COSPNSR    NOZZOLIO

MLTSPNSR   

Amd S259-i, Exec L

Requires inmates to have an acceptable residence to qualify for parole.
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SB1854 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 1854                                                  A. 1456

                              2013-2014 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed  to  be  committed  to  the Committee on Crime
         Victims, Crime and Correction

       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Correction

       AN  ACT  to amend the executive law, in relation to requiring inmates to
         have an acceptable residence to qualify for parole

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subparagraph  (A)  of  paragraph  (c) of subdivision 2 of
    2  section 259-i of the executive law, as  amended  by  section  38-f-1  of
    3  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
    4  read as follows:
    5    (A) Discretionary release on parole shall not be granted merely  as  a
    6  reward  for  good  conduct  or  efficient  performance  of  duties while
    7  confined but after considering if  there  is  a  reasonable  probability
    8  that,  if  such  inmate  is  released, he OR SHE will live and remain at
    9  liberty without violating the law, and that his OR HER  release  is  not
   10  incompatible  with  the welfare of society and will not so deprecate the
   11  seriousness of his crime as to undermine respect for law. In making  the
   12  parole  release decision, the procedures adopted pursuant to subdivision
   13  four of section two hundred fifty-nine-c of this article  shall  require
   14  that the following be considered: (i) the institutional record including
   15  program  goals  and  accomplishments,  academic achievements, vocational
   16  education, training or work assignments, therapy and  interactions  with
   17  staff  and  inmates;  (ii)  performance,  if  any, as a participant in a
   18  temporary  release  program;  (iii)  release  plans  [including]   SHALL
   19  INCLUDE,  IN  ADDITION TO community resources, employment, education and
   20  training and support services available to  the  inmate,  AN  ACCEPTABLE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01619-01-3
       S. 1854                             2                            A. 1456

    1  RESIDENCE.  IN  ORDER  FOR A RESIDENCE TO BE AN ACCEPTABLE RESIDENCE AND
    2  QUALIFY THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A  PERMA-
    3  NENT  RESIDENCE,  AND NOT A TEMPORARY SHELTER INCLUDING, BUT NOT LIMITED
    4  TO,  A  HOMELESS  SHELTER,  MOTEL/HOTEL, OR TRAILER, AND SHALL ALLOW THE
    5  INMATE TO COMPLY WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING
    6  PLACEMENT OF REGISTERED SEX OFFENDERS; (iv) any deportation order issued
    7  by the federal government against the inmate while in the custody of the
    8  department and any recommendation  regarding  deportation  made  by  the
    9  commissioner  of  the  department pursuant to section one hundred forty-
   10  seven of the correction law; (v) any statement made to the board by  the
   11  crime  victim  or the victim's representative, where the crime victim is
   12  deceased or is mentally or physically incapacitated; (vi) the length  of
   13  the  determinate sentence to which the inmate would be subject had he or
   14  she received a sentence pursuant to section 70.70 or  section  70.71  of
   15  the  penal  law  for  a  felony defined in article two hundred twenty or
   16  article two hundred twenty-one of the penal law; (vii)  the  seriousness
   17  of the offense with due consideration to the type of sentence, length of
   18  sentence  and  recommendations  of  the  sentencing  court, the district
   19  attorney, the attorney for the inmate, the pre-sentence probation report
   20  as well as consideration of any mitigating and aggravating factors,  and
   21  activities following arrest prior to confinement; and (viii) prior crim-
   22  inal record, including the nature and pattern of offenses, adjustment to
   23  any  previous probation or parole supervision and institutional confine-
   24  ment. The board shall provide  toll  free  telephone  access  for  crime
   25  victims. In the case of an oral statement made in accordance with subdi-
   26  vision  one  of section 440.50 of the criminal procedure law, the parole
   27  board member shall present a written report  of  the  statement  to  the
   28  parole  board.  A  crime  victim's  representative  shall mean the crime
   29  victim's closest surviving relative, the committee or guardian  of  such
   30  person,  or  the legal representative of any such person. Such statement
   31  submitted by the victim or victim's representative may include  informa-
   32  tion  concerning  threatening or intimidating conduct toward the victim,
   33  the victim's representative, or the victim's family, made by the  person
   34  sentenced  and  occurring  after  the  sentencing.  Such information may
   35  include, but need not be limited to,  the  threatening  or  intimidating
   36  conduct  of  any  other  person  who  or which is directed by the person
   37  sentenced.
   38    S 2. This act shall take effect immediately.
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