STATE OF NEW YORK
________________________________________________________________________
9501
IN ASSEMBLY
May 5, 2014
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Correction
AN ACT to amend the executive law, in relation to deference in discre-
tionary release on 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 will live and remain at liberty
9 without violating the law, and that his release is not incompatible with
10 the welfare of society and will not so deprecate the seriousness of his
11 crime as to undermine respect for law. In making the parole release
12 decision, the procedures adopted pursuant to subdivision four of section
13 two hundred fifty-nine-c of this article shall require that the follow-
14 ing be considered: (i) the institutional record including program goals
15 and accomplishments, academic achievements, vocational education, train-
16 ing or work assignments, therapy and interactions with staff and
17 inmates; (ii) performance, if any, as a participant in a temporary
18 release program; (iii) release plans including community resources,
19 employment, education and training and support services available to the
20 inmate; (iv) any deportation order issued by the federal government
21 against the inmate while in the custody of the department and any recom-
22 mendation regarding deportation made by the commissioner of the depart-
23 ment pursuant to section one hundred forty-seven of the correction law;
24 (v) any statement made to the board by the crime victim or the victim's
25 representative, where the crime victim is deceased or is mentally or
26 physically incapacitated; (vi) the length of the determinate sentence to
27 which the inmate would be subject had he or she received a sentence
28 pursuant to section 70.70 or section 70.71 of the penal law for a felony
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14915-01-4
A. 9501 2
1 defined in article two hundred twenty or article two hundred twenty-one
2 of the penal law; (vii) the seriousness of the offense with due [consid-
3 eration] deference to the type of sentence, length of sentence and
4 recommendations of the sentencing court, and due consideration to the
5 recommendations of the district attorney, the attorney for the inmate,
6 the pre-sentence probation report as well as consideration of any miti-
7 gating and aggravating factors, and activities following arrest prior to
8 confinement; and (viii) prior criminal record, including the nature and
9 pattern of offenses, adjustment to any previous probation or parole
10 supervision and institutional confinement. The board shall provide toll
11 free telephone access for crime victims. In the case of an oral state-
12 ment made in accordance with subdivision one of section 440.50 of the
13 criminal procedure law, the parole board member shall present a written
14 report of the statement to the parole board. A crime victim's represen-
15 tative shall mean the crime victim's closest surviving relative, the
16 committee or guardian of such person, or the legal representative of any
17 such person. Such statement submitted by the victim or victim's repre-
18 sentative may include information concerning threatening or intimidating
19 conduct toward the victim, the victim's representative, or the victim's
20 family, made by the person sentenced and occurring after the sentencing.
21 Such information may include, but need not be limited to, the threaten-
22 ing or intimidating conduct of any other person who or which is directed
23 by the person sentenced.
24 § 2. This act shall take effect immediately.
