A04231 Summary:

BILL NOA04231A
 
SAME ASSAME AS S07514
 
SPONSORWeprin
 
COSPNSRGottfried, Epstein, Lavine, Taylor, Simon, Hevesi, Fernandez, Carroll, Kim, Aubry, Cook, Perry, O'Donnell, Reyes, Rosenthal L, Pretlow, Walker, Seawright, Quart, Fahy, Hunter, Cruz, Abinanti, Dickens, Frontus, Mamdani, Gonzalez-Rojas, Mitaynes, Kelles, Burdick, Anderson, Meeks, Septimo, Forrest, Niou, Cahill, Burgos, Davila, Zinerman, Ramos, Gallagher, McDonald, Clark, Peoples-Stokes, Bichotte Hermelyn, Sayegh, Lupardo, Jacobson, Glick, Solages, Jackson, Hyndman, Darling, Steck, Joyner, Paulin, Gibbs, Fall, Bronson, Rivera J, Tapia, Cunningham, Lucas, De Los Santos
 
MLTSPNSREnglebright, Thiele
 
Amd §259-i, Exec L
 
Provides for findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.
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A04231 Actions:

BILL NOA04231A
 
02/01/2021referred to correction
03/09/2021reported referred to codes
05/25/2021amend and recommit to codes
05/25/2021print number 4231a
01/05/2022referred to codes
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A04231 Committee Votes:

CORRECTION Chair:Weprin DATE:03/09/2021AYE/NAY:9/3 Action: Favorable refer to committee Codes
WeprinAyeGiglioNay
ColtonAyePalmesanoNay
RozicAyeWalczykNay
DavilaAbsent
WalkerAye
De La RosaAye
QuartAye
BurgosAye
BurdickAye
KellesAye

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A04231 Floor Votes:

There are no votes for this bill in this legislative session.
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A04231 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4231--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  WEPRIN,  GOTTFRIED, EPSTEIN, LAVINE, TAYLOR,
          DE LA ROSA, D. ROSENTHAL,  SIMON,  HEVESI,  FERNANDEZ,  CARROLL,  KIM,
          AUBRY,  COOK,  PERRY, O'DONNELL, BARRON, REYES, L. ROSENTHAL, PRETLOW,
          WALKER, SEAWRIGHT, QUART,  FAHY,  HUNTER,  CRUZ,  PICHARDO,  ABINANTI,
          DICKENS,  FRONTUS, MAMDANI, GONZALEZ-ROJAS, MITAYNES, KELLES, BURDICK,
          ANDERSON, RODRIGUEZ, MEEKS, SEPTIMO, FORREST,  NIOU,  CAHILL,  BURGOS,
          DAVILA,  ZINERMAN,  RAMOS, GALLAGHER, McDONALD, CLARK, PEOPLES-STOKES,
          BICHOTTE HERMELYN, SAYEGH, LUPARDO, JACOBSON, GLICK, SOLAGES, JACKSON,
          HYNDMAN, DARLING --  read  once  and  referred  to  the  Committee  on
          Correction  --  reported  and  referred  to  the Committee on Codes --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT to amend the executive law, in relation to findings of the state
          board of parole necessary for discretionary  release  of  incarcerated
          persons 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 chapter 130 of the
     3  laws of 2016, is amended to read as follows:
     4    (A) [Discretionary release] Release on parole shall [not]  be  granted
     5  [merely  as a reward for good conduct or efficient performance of duties
     6  while confined but after considering if there is a reasonable probabili-
     7  ty 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]  to  any  incarcerated  person
    11  appearing before the board who is eligible for release on parole, unless
    12  the  parole case record demonstrates there is a current and unreasonable
    13  risk the person will violate the law if released and such risk cannot be
    14  mitigated by parole supervision. In making the [parole release decision]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07240-03-1

        A. 4231--A                          2
 
     1  determination as to whether a person poses a  current  and  unreasonable
     2  risk  of  violating the law if released, the procedures adopted pursuant
     3  to subdivision four of section two hundred fifty-nine-c of this  article
     4  shall  require  that the following be considered: (i) [the institutional
     5  record including program goals and  accomplishments,  academic  achieve-
     6  ments,] any and all evidence of rehabilitation and reform, including but
     7  not  limited  to  selection  for  participation  in  a temporary release
     8  program, participation in other programming, therapeutic support, commu-
     9  nity service, or vocational education, and any training or work  assign-
    10  ments  that  the  department  made available to the incarcerated person,
    11  [therapy and interactions with] and statements of  support  from  staff,
    12  volunteers  and [inmates] other incarcerated persons; (ii) [performance,
    13  if any, as a participant in a temporary release program; (iii)]  release
    14  plans,  including  support from family members and community [resources]
    15  networks, employment,  [education]  educational  and  training  opportu-
    16  nities,  clinical, therapeutic and other reentry services, and any other
    17  available support services [available to the inmate]; [(iv)]  (iii)  any
    18  deportation  order issued by the federal government against the [inmate]
    19  incarcerated person while in the  custody  of  the  department  and  any
    20  recommendation  regarding  deportation  made  by the commissioner of the
    21  department pursuant to section one hundred forty-seven of the correction
    22  law; (iv) the length of the determinate sentence to which the  incarcer-
    23  ated  person would be subject had he or she received a sentence pursuant
    24  to section 70.70 or section 70.71 of   the    penal  law  for  a  felony
    25  defined  in article two hundred twenty or article two hundred twenty-two
    26  of the penal law; (v) any current or prior statement made to  the  board
    27  by  the  crime  victim  or  the victim's representative, where the crime
    28  victim is deceased or is mentally or physically incapacitated; (vi) [the
    29  length of the determinate sentence to which the inmate would be  subject
    30  had  he  or she received a sentence pursuant to section 70.70 or section
    31  70.71 of the penal law for a felony defined in article two hundred twen-
    32  ty or article two hundred twenty-one of the penal law; (vii)] the  seri-
    33  ousness  of  the offense with due consideration to the type of sentence,
    34  length of sentence and recommendations  of  the  sentencing  court,  the
    35  district  attorney,  the  attorney for the [inmate] incarcerated person,
    36  the pre-sentence probation report as well as consideration of any  miti-
    37  gating and aggravating factors, and activities following arrest prior to
    38  confinement;  and  [(viii)]  (vii)  prior criminal record, including the
    39  nature and pattern of offenses, adjustment to any previous probation  or
    40  parole supervision and institutional confinement. In considering whether
    41  there is a current and unreasonable risk the person will violate the law
    42  if released and such risk cannot be mitigated by parole supervision, the
    43  board  shall  not base their determination solely or primarily on any or
    44  all of the factors contained  in  clauses  (v)  through  (vii)  of  this
    45  subparagraph.  The  board shall explain in writing in detailed, individ-
    46  ualized, and non-conclusory terms the basis  for  a  denial  of  parole,
    47  including  how  the  parole  case record and the enumerated factors were
    48  considered and weighed. The board  shall  provide  toll  free  telephone
    49  access  for  crime  victims.  In  the  case of an oral statement made in
    50  accordance with subdivision one of section 440.50 of the criminal proce-
    51  dure law, the parole board member shall present a written report of  the
    52  statement  to  the  parole  board. A crime victim's representative shall
    53  mean the crime victim's closest surviving  relative,  the  committee  or
    54  guardian of such person, or the legal representative of any such person.
    55  Such  statement  submitted  by the victim or victim's representative may
    56  include  information  concerning  threatening  or  intimidating  conduct

        A. 4231--A                          3
 
     1  toward  the victim, the victim's representative, or the victim's family,
     2  made by the person sentenced and occurring after  the  sentencing.  Such
     3  information  may include, but need not be limited to, the threatening or
     4  intimidating conduct of any other person who or which is directed by the
     5  person  sentenced.  Any  statement by a victim or the victim's represen-
     6  tative made to the board shall be maintained by the  department  in  the
     7  file  provided  to the board when interviewing the [inmate] incarcerated
     8  person in consideration of release. A victim or victim's  representative
     9  who has submitted a written request to the department for the transcript
    10  of  such  interview  shall  be  provided  such  transcript as soon as it
    11  becomes available.
    12    § 2. The board shall report quarterly in writing to the governor,  the
    13  temporary  president  of  the senate, the minority leader of the senate,
    14  the speaker of the assembly, the minority leader of the assembly, and to
    15  the chairpersons of the assembly committee on correction and the  senate
    16  committee  on  crime victims, crime and correction on denials of parole.
    17  Written reports shall include the number of  individuals  denied  parole
    18  release  each  month,  the  articulated  reasons  for  each  denial, the
    19  assigned commissioners in each case and a record  of  their  votes,  and
    20  demographic  information  on  each applicant denied including race, sex,
    21  facility, and crime of conviction.  Reports  shall  exclude  information
    22  that  would  identify  the  individual. Reports required by this section
    23  shall be made available to  the  public  and  posted  quarterly  on  the
    24  websites maintained by the board of parole.
    25    § 3. This act shall take effect immediately.
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