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A02619 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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.