Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3523
SPONSOR: Jones TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to statements to the state board of parole
PURPOSE:
To require that the state board of parole consider statements made to
the board by a third party, when considering a discretionary release on
parole, and to keep all statements made to the parole board confidential
and only available to the parole board.
SUMMARY OF PROVISIONS:
Section 1 amends section 259-I of the executive law to require the state
board of parole to consider all statements offered when considering
discretionary parole.
Section 2 also amends section 259-I of the executive law to keep all
statements made to the state board of parole confidential, except to the
board for use in considering discretionary parole.
Section 3 amends section 440.50 of the criminal procedure law to inform
victims of the confidentiality of victim impact statements.
Section 4 provides the effective date.
JUSTIFICATION:
Parole hearings should provide a chance for victims and other interested
members of society to provide testimony regarding a potential parolee.
Current law does not require the state board of parole to consider all
testimony provided at a parole hearing, and in fact regulations severely
limit what testimony may be considered.
Parole hearings should provide a meaningful opportunity for individuals
whose lives have been impacted by a serious crime to explain the impact
the crime has had on their lives, whether that be through written
comments or oral testimony. Limiting testimony to only the victim and
not allowing for additional input from other family members or from the
impacted community negates the wide-reaching effect a serious crime
often has. Whatever resources are required to ensure that the voices of
all victims of a crime are heard and considered in a parole hearing
setting is well worth the cost.
In addition, statements made to the state board of parole for purposes
of a parole hearing should be kept confidential, and for the sole use of
the board in its consideration of whether to grant parole. Redacting
only the name and address of the person making statement does not suffi-
ciently protect the identity of individuals providing testimony. This
bill extends that confidentiality to the entire statement.
LEGISLATIVE HISTORY:
05/10/18 referred to correction
01/14/19 referred to correction
01/08/20 referred to correction
01/06/21 referred to correction
01/05/22 referred to correction
01/26/23 referred to correction
01/03/24 referred to correction
FISCAL IMPLICATIONS:
Minimal impact expected.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.
However, effective immediately, any addition, amendment or reap of any
rules or regulation necessary to implement this legislation is author-
ized to take place before the effective date.
