STATE OF NEW YORK
________________________________________________________________________
307
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sens. SALAZAR, RIVERA, BAILEY, BRESLIN, BRISPORT, BROUK,
CLEARE, COMRIE, COONEY, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN, JACK-
SON, KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER,
RAMOS, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
AN ACT to amend the executive law, in relation to findings of the state
board of parole necessary for discretionary release of incarcerated
individuals 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 322 of the
3 laws of 2021, 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 incarcerated individual is released, he or she will
8 live and remain at liberty without violating the law, and that his or
9 her release is not incompatible with the welfare of society and will not
10 so deprecate the seriousness of his or her crime as to undermine respect
11 for law] to any incarcerated individual appearing before the board who
12 is eligible for release on parole, unless the parole case record demon-
13 strates there is a current and unreasonable risk the individual will
14 violate the law if released and such risk cannot be mitigated by parole
15 supervision. In making the [parole release decision] determination as
16 to whether an individual poses a current and unreasonable risk of
17 violating the law if released, the procedures adopted pursuant to subdi-
18 vision four of section two hundred fifty-nine-c of this article shall
19 require that the following be considered: (i) [the institutional record
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00229-01-3
S. 307 2
1 including program goals and accomplishments, academic achievements,] any
2 and all evidence of rehabilitation and reform, including but not limited
3 to selection for participation in a temporary release program, partic-
4 ipation in other programming, therapeutic support, community service, or
5 vocational education, and any training or work assignments that the
6 department made available to the incarcerated individual, [therapy and
7 interactions with] and statements of support from staff, volunteers and
8 other incarcerated individuals; (ii) [performance, if any, as a partic-
9 ipant in a temporary release program; (iii)] release plans including
10 support from family members and community [resources] networks, employ-
11 ment, [education] educational and training opportunities, clinical,
12 therapeutic and other reentry services, and any other available support
13 services [available to the incarcerated individual; (iv)]; (iii) any
14 deportation order issued by the federal government against the incarcer-
15 ated individual while in the custody of the department and any recommen-
16 dation regarding deportation made by the commissioner of the department
17 pursuant to section one hundred forty-seven of the correction law; (iv)
18 the length of the determinate sentence to which the incarcerated indi-
19 vidual would be subject had he or she received a sentence pursuant to
20 section 70.70 or section 70.71 of the penal law for a felony defined in
21 article two hundred twenty or article two hundred twenty-two of the
22 penal law; (v) any current or prior statement made to the board by the
23 crime victim or the victim's representative, where the crime victim is
24 deceased or is mentally or physically incapacitated; (vi) [the length of
25 the determinate sentence to which the incarcerated individual would be
26 subject had he or she received a sentence pursuant to section 70.70 or
27 section 70.71 of the penal law for a felony defined in article two
28 hundred twenty or article two hundred twenty-one of the penal law;
29 (vii)] the seriousness of the offense with due consideration to the type
30 of sentence, length of sentence and recommendations of the sentencing
31 court, the district attorney, the attorney for the incarcerated individ-
32 ual, the pre-sentence probation report as well as consideration of any
33 mitigating and aggravating factors, and activities following arrest
34 prior to confinement; and [(viii)] (vii) prior criminal record, includ-
35 ing the nature and pattern of offenses, adjustment to any previous
36 probation or parole supervision and institutional confinement. In
37 considering whether there is a current and unreasonable risk the indi-
38 vidual will violate the law if released and such risk cannot be miti-
39 gated by parole supervision, the board shall not base their determi-
40 nation solely or primarily on any or all of the factors contained in
41 clauses (v) through (vii) of this subparagraph. The board shall explain
42 in writing in detailed, individualized, and non-conclusory terms the
43 basis for a denial of parole, including how the parole case record and
44 the enumerated factors were considered and weighed. The board shall
45 provide toll free telephone access for crime victims. In the case of an
46 oral statement made in accordance with subdivision one of section 440.50
47 of the criminal procedure law, the parole board member shall present a
48 written report of the statement to the parole board. A crime victim's
49 representative shall mean the crime victim's closest surviving relative,
50 the committee or guardian of such person, or the legal representative of
51 any such person. Such statement submitted by the victim or victim's
52 representative may include information concerning threatening or intim-
53 idating conduct toward the victim, the victim's representative, or the
54 victim's family, made by the person sentenced and occurring after the
55 sentencing. Such information may include, but need not be limited to,
56 the threatening or intimidating conduct of any other person who or which
S. 307 3
1 is directed by the person sentenced. Any statement by a victim or the
2 victim's representative made to the board shall be maintained by the
3 department in the file provided to the board when interviewing the
4 incarcerated individual in consideration of release. A victim or
5 victim's representative who has submitted a written request to the
6 department for the transcript of such interview shall be provided such
7 transcript as soon as it becomes available.
8 § 2. The state board of parole shall report quarterly in writing to
9 the governor, the temporary president of the senate, the minority leader
10 of the senate, the speaker of the assembly, the minority leader of the
11 assembly, and to the chairpersons of the assembly committee on
12 correction and the senate committee on crime victims, crime and
13 correction on denials of parole. Written reports shall include the
14 number of individuals denied parole release each month, the articulated
15 reasons for each denial, the assigned commissioners in each case and a
16 record of their votes, and demographic information on each applicant
17 denied including race, sex, facility, and crime of conviction. Reports
18 shall exclude information that would identify the individual. Reports
19 required by this section shall be made available to the public and post-
20 ed quarterly on the websites maintained by the state board of parole.
21 § 3. This act shall take effect immediately.
