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S07531 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7531--B
 
                    IN SENATE
 
                                    January 22, 2018
                                       ___________
 
        Introduced  by Sens. RITCHIE, HELMING -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Crime  Victims,
          Crime  and  Correction  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the executive law and the criminal procedure law, in
          relation to statements to the state board of 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  chapter  130  of  the
     3  laws of 2016, is amended to read as follows:
     4    (A)  Discretionary  release on parole shall not be granted merely as a
     5  reward for  good  conduct  or  efficient  performance  of  duties  while
     6  confined  but  after  considering  if  there is a reasonable probability
     7  that, if such inmate is released, he will live  and  remain  at  liberty
     8  without violating the law, and that his release is not incompatible with
     9  the  welfare of society and will not so deprecate the seriousness of his
    10  crime as to undermine respect for law.  In  making  the  parole  release
    11  decision, the procedures adopted pursuant to subdivision four of section
    12  two  hundred fifty-nine-c of this article shall require that the follow-
    13  ing be considered: (i) the institutional record including program  goals
    14  and accomplishments, academic achievements, vocational education, train-
    15  ing  or  work  assignments,  therapy  and  interactions  with  staff and
    16  inmates; (ii) performance, if any,  as  a  participant  in  a  temporary
    17  release  program;  (iii)  release  plans  including community resources,
    18  employment, education and training and support services available to the
    19  inmate; (iv) any deportation order  issued  by  the  federal  government
    20  against the inmate while in the custody of the department and any recom-
    21  mendation  regarding deportation made by the commissioner of the depart-
    22  ment pursuant to section one hundred forty-seven of the correction  law;
    23  (v) any current or prior statement made to the board by the crime victim
    24  or the victim's representative, where the crime victim is deceased or is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13855-03-8

        S. 7531--B                          2
 
     1  mentally  or  physically incapacitated; (vi) any statement in support or
     2  opposition made to the board by a third party; (vii) the length  of  the
     3  determinate  sentence to which the inmate would be subject had he or she
     4  received  a  sentence  pursuant to section 70.70 or section 70.71 of the
     5  penal law for a felony defined in article two hundred twenty or  article
     6  two  hundred twenty-one of the penal law; [(vii)] (viii) the seriousness
     7  of the offense with due consideration to the type of sentence, length of
     8  sentence and recommendations  of  the  sentencing  court,  the  district
     9  attorney, the attorney for the inmate, the pre-sentence probation report
    10  as  well as consideration of any mitigating and aggravating factors, and
    11  activities following arrest prior  to  confinement;  and  [(viii)]  (ix)
    12  prior  criminal  record,  including  the nature and pattern of offenses,
    13  adjustment to any previous probation or parole supervision and  institu-
    14  tional  confinement.  The board shall provide toll free telephone access
    15  for crime victims. In the case of an oral statement made  in  accordance
    16  with  subdivision  one  of section 440.50 of the criminal procedure law,
    17  the parole board member shall present a written report of the  statement
    18  to  the  parole  board.  A  crime victim's representative shall mean the
    19  crime victim's closest surviving relative, the committee or guardian  of
    20  such  person,  or  the  legal  representative of any such person.   Such
    21  statement submitted by the victim or victim's representative may include
    22  information concerning threatening or intimidating  conduct  toward  the
    23  victim, the victim's representative, or the victim's family, made by the
    24  person  sentenced  and  occurring after the sentencing. Such information
    25  may include, but need not be limited to, the threatening or intimidating
    26  conduct of any other person who or  which  is  directed  by  the  person
    27  sentenced. Any statement by a victim or the victim's representative made
    28  to  the board shall be maintained by the department in the file provided
    29  to the board when interviewing the inmate in consideration of release. A
    30  victim or victim's representative who has submitted a written request to
    31  the department for the transcript of such interview  shall  be  provided
    32  such transcript as soon as it becomes available.
    33    §  2.  Subparagraph  (B)  of paragraph (c) of subdivision 2 of section
    34  259-i of the executive law, as separately amended by chapters 40 and 126
    35  of the laws of 1999, is amended to read as follows:
    36    (B) Where a crime victim or  victim's  representative  as  defined  in
    37  subparagraph  (A)  of  this paragraph [, or other person] submits to the
    38  parole board a written statement concerning the release  of  an  inmate,
    39  such  statement  shall  be  deemed  confidential  and shall only be made
    40  available to the parole board [shall keep  that  individual's  name  and
    41  address confidential] for use in rendering parole decisions.
    42    § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
    43  amended  by  chapter  193  of  the  laws  of 2017, is amended to read as
    44  follows:
    45    1. Upon the request of a victim of a crime, or in  any  event  in  all
    46  cases  in which the final disposition includes a conviction of a violent
    47  felony offense as defined in section 70.02 of the penal  law,  a  felony
    48  defined  in  article  one  hundred  twenty-five of such law, or a felony
    49  defined in article one hundred thirty of such law, the district attorney
    50  shall, within sixty days of the final disposition of  the  case,  inform
    51  the  victim  by letter of such final disposition. If such final disposi-
    52  tion results in the commitment of the defendant to the  custody  of  the
    53  department of corrections and community supervision for an indeterminate
    54  sentence,  the notice provided to the crime victim shall also inform the
    55  victim of his or her right to submit a  written,  audiotaped,  or  vide-
    56  otaped  victim  impact  statement  to  the department of corrections and

        S. 7531--B                          3
 
     1  community supervision or to meet personally with a member of  the  state
     2  board of parole at a time and place separate from the personal interview
     3  between  a member or members of the board and the inmate and make such a
     4  statement,  subject  to procedures and limitations contained in rules of
     5  the board, both pursuant to  subdivision  two  of  section  two  hundred
     6  fifty-nine-i  of  the executive law. Such notice shall inform the victim
     7  that a written, audiotaped, or videotaped victim impact statement  shall
     8  be  deemed  confidential  and  shall only be made available to the state
     9  board of parole for use in rendering parole decisions. A  copy  of  such
    10  letter shall be provided to the board of parole. The right of the victim
    11  under this subdivision to submit a written victim impact statement or to
    12  meet  personally  with  a member of the state board of parole applies to
    13  each personal interview between a member or members of the board and the
    14  inmate.
    15    § 4. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law. Effective immediately, the addition, amendment and/or
    17  repeal  of  any  rule  or regulation necessary for the implementation of
    18  this act on its effective date are authorized to be made  and  completed
    19  on or before such effective date.
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