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A04704 Summary:

BILL NOA04704
 
SAME ASSAME AS S00189
 
SPONSORMcGowan
 
COSPNSRChang
 
MLTSPNSRBrook-Krasny, Novakhov
 
Amd 259-i, Exec L
 
Provides that any person interested in the grant or denial of discretionary release shall have the right to submit a written statement of views in support of or in opposition to the granting of discretionary release which the parole board may consider.
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A04704 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4704
 
SPONSOR: McGowan
  TITLE OF BILL: An act to amend the executive law, in relation to third party statements to the parole board   PURPOSE OR GENERAL IDEA OF BILL: Relates to third party statements to the parole board   SUMMARY OF PROVISIONS: Section I: amends Executive Law § 259-1(2) (c) (A) to explicitly codify the public's right to submit written statements regarding release deter- minations. Section II: provides the effective date   JUSTIFICATION: Under current law, making a terroristic threat against any individual is a class D felony. This bill uses identical language from that section of the penal law to create a heightened punishment, a class C felony, if the victim of the terroristic threat is a police officer. Police offi- cers are frequent targets of these threats, and in order to adequately deter that activity, a heightened punishment for making a terroristic threat against a police officer is necessary.   PRIOR LEGISLATIVE HISTORY: 2021-22: A.9048/S.2261-A   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately
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A04704 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4704
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2023
                                       ___________
 
        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee on Correction
 
        AN ACT to amend the executive law, in relation to third party statements
          to the parole board
 
          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  322  of  the
     3  laws of 2021 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 incarcerated individual is released, he or she  will  live
     8  and  remain  at  liberty  without violating the law, and that his or her
     9  release is not incompatible with the welfare of society and will not  so
    10  deprecate  the  seriousness  of his or her crime as to undermine respect
    11  for law. In making the parole release decision, the  procedures  adopted
    12  pursuant to subdivision four of section two hundred fifty-nine-c of this
    13  article shall require that the following be considered: (i) the institu-
    14  tional  record  including  program  goals  and accomplishments, academic
    15  achievements, vocational education, training or work assignments, thera-
    16  py and  interactions  with  staff  and  incarcerated  individuals;  (ii)
    17  performance,  if  any,  as a participant in a temporary release program;
    18  (iii) release plans including community resources, employment, education
    19  and training and support services available to the incarcerated individ-
    20  ual; (iv) any deportation order issued by the federal government against
    21  the incarcerated individual while in the custody of the  department  and
    22  any recommendation regarding deportation made by the commissioner of the
    23  department pursuant to section one hundred forty-seven of the correction
    24  law;  (v)  any current or prior statement made to the board by the crime
    25  victim or  the  victim's  representative,  where  the  crime  victim  is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00198-01-3

        A. 4704                             2
 
     1  deceased  or is mentally or physically incapacitated; (vi) the length of
     2  the determinate sentence to which the incarcerated individual  would  be
     3  subject  had  he or she received a sentence pursuant to section 70.70 or
     4  section  70.71  of  the  penal  law  for a felony defined in article two
     5  hundred twenty or article two hundred twenty-one of the penal law; (vii)
     6  the seriousness of the offense with due consideration  to  the  type  of
     7  sentence,  length  of  sentence  and  recommendations  of the sentencing
     8  court, the district attorney, the attorney for the incarcerated individ-
     9  ual, the pre-sentence probation report as well as consideration  of  any
    10  mitigating  and  aggravating  factors,  and  activities following arrest
    11  prior to confinement; and (viii) prior criminal  record,  including  the
    12  nature  and pattern of offenses, adjustment to any previous probation or
    13  parole  supervision  and  institutional  confinement.  The  board  shall
    14  provide  toll free telephone access for crime victims. In the case of an
    15  oral statement made in accordance with subdivision one of section 440.50
    16  of the criminal procedure law, the parole board member shall  present  a
    17  written  report  of  the statement to the parole board. A crime victim's
    18  representative shall mean the crime victim's closest surviving relative,
    19  the committee or guardian of such person, or the legal representative of
    20  any such person. Such statement submitted  by  the  victim  or  victim's
    21  representative  may include information concerning threatening or intim-
    22  idating conduct toward the victim, the victim's representative,  or  the
    23  victim's  family,  made  by the person sentenced and occurring after the
    24  sentencing. Such information may include, but need not  be  limited  to,
    25  the threatening or intimidating conduct of any other person who or which
    26  is  directed  by  the person sentenced. Any statement by a victim or the
    27  victim's representative made to the board shall  be  maintained  by  the
    28  department  in  the  file  provided  to  the board when interviewing the
    29  incarcerated  individual  in  consideration  of  release.  A  victim  or
    30  victim's  representative  who  has  submitted  a  written request to the
    31  department for the transcript of such interview shall be  provided  such
    32  transcript  as  soon  as it becomes available.  Any person interested in
    33  the grant or denial of  discretionary  release  under  this  subdivision
    34  shall  have  the right to submit a written statement of views in support
    35  of or in opposition to the granting of discretionary release  which  the
    36  board may consider, except that the board may exclude from consideration
    37  information which is irrelevant or unreliable.
    38    § 2. This act shall take effect immediately.
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