STATE OF NEW YORK
________________________________________________________________________
2184
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sens. GOLDEN, BONACIC, DeFRANCISCO, LAVALLE, LITTLE,
RANZENHOFER, SALAND, SEWARD -- 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 the appearance of
certain law enforcement officers at parole hearings
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 12 of part AAA
3 of chapter 56 of the laws of 2009, is amended to read as follows:
4 (A) Discretionary release on parole shall not be granted merely as a
5 reward for good conduct or efficient performance of duties while
6 confined but after considering if there is a reasonable probability
7 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. In making the parole release
11 decision, the guidelines adopted pursuant to subdivision four of section
12 two hundred fifty-nine-c of this article shall require that the follow-
13 ing be considered: (i) the institutional record including program goals
14 and accomplishments, academic achievements, vocational education, train-
15 ing or work assignments, therapy and interpersonal relationships with
16 staff and inmates; (ii) performance, if any, as a participant in a
17 temporary release program; (iii) release plans including community
18 resources, employment, education and training and support services
19 available to the inmate; (iv) any deportation order issued by the feder-
20 al government against the inmate while in the custody of the department
21 of correctional services and any recommendation regarding deportation
22 made by the commissioner of the department of correctional services
23 pursuant to section one hundred forty-seven of the correction law; (v)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04283-01-1
S. 2184 2
1 any statement made to the board by the crime victim or the victim's
2 representative, where the crime victim is deceased or is mentally or
3 physically incapacitated; [and] (vi) the length of the determinate
4 sentence to which the inmate would be subject had he or she received a
5 sentence pursuant to section 70.70 or section 70.71 of the penal law for
6 a felony defined in article two hundred twenty or article two hundred
7 twenty-one of the penal law; and (vii) a statement, either written or
8 oral, to be made by the chief law enforcement officer or his or her
9 designee with jurisdiction over the crime or crimes for which the inmate
10 is incarcerated. Such statement shall include information which, in the
11 sole discretion of such chief law enforcement officer, relates to the
12 law enforcement agency's or officer's experience with the inmate and
13 which such officer believes may be relevant to any decision of the
14 board. The board shall provide toll free telephone access for crime
15 victims. In the case of an oral statement made in accordance with subdi-
16 vision one of section 440.50 of the criminal procedure law, the parole
17 board member shall present a written report of the statement to the
18 parole board. A crime victim's representative shall mean the crime
19 victim's closest surviving relative, the committee or guardian of such
20 person, or the legal representative of any such person. Such statement
21 submitted by the victim or victim's representative may include informa-
22 tion concerning threatening or intimidating conduct toward the victim,
23 the victim's representative, or the victim's family, made by the person
24 sentenced and occurring after the sentencing. Such information may
25 include, but need not be limited to, the threatening or intimidating
26 conduct of any other person who or which is directed by the person
27 sentenced. Notwithstanding the provisions of this section, in making the
28 parole release decision for persons whose minimum period of imprisonment
29 was not fixed pursuant to the provisions of subdivision one of this
30 section, in addition to the factors listed in this paragraph the board
31 shall consider the factors listed in paragraph (a) of subdivision one of
32 this section.
33 § 2. This act shall take effect immediately.
