S T A T E   O F   N E W   Y O R K
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    S. 1448                                                  A. 1401

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to  the Committee on Crime
  Victims, Crime and Correction

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Correction

AN  ACT  to amend the executive law, in relation to requiring inmates to
  have an acceptable residence to qualify for parole

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (A)  of  paragraph  (c) of subdivision 2 of
section 259-i of the executive law, as amended by section 12 of part AAA
of chapter 56 of the laws of 2009, is amended to read as follows:
  (A) Discretionary release on parole shall not be granted merely  as  a
reward  for  good  conduct  or  efficient  performance  of  duties while
confined but after considering if  there  is  a  reasonable  probability
that,  if  such  inmate  is released, he will live and remain at liberty
without violating the law, and that his release is not incompatible with
the welfare of society and will not so deprecate the seriousness of  his
crime  as  to  undermine  respect  for law. In making the parole release
decision, the guidelines adopted pursuant to subdivision four of section
two hundred fifty-nine-c of this article shall require that the  follow-
ing  be considered: (i) the institutional record including program goals
and accomplishments, academic achievements, vocational education, train-
ing or work assignments, therapy and  interpersonal  relationships  with
staff  and  inmates;  (ii)  performance,  if  any, as a participant in a
temporary  release  program;  (iii)  release  plans  [including]   SHALL
INCLUDE,  IN  ADDITION TO community resources, employment, education and
training and support services available to  the  inmate,  AN  ACCEPTABLE
RESIDENCE.  IN  ORDER  FOR A RESIDENCE TO BE AN ACCEPTABLE RESIDENCE AND
QUALIFY THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A  PERMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03844-01-1
              

S. 1448                             2                            A. 1401

NENT  RESIDENCE,  AND NOT A TEMPORARY SHELTER INCLUDING, BUT NOT LIMITED
TO, A HOMELESS SHELTER, MOTEL/HOTEL, OR TRAILER,  AND  SHALL  ALLOW  THE
INMATE TO COMPLY WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING
PLACEMENT OF REGISTERED SEX OFFENDERS; (iv) any deportation order issued
by the federal government against the inmate while in the custody of the
department  of  correctional  services  and any recommendation regarding
deportation made by the commissioner of the department  of  correctional
services  pursuant  to section one hundred forty-seven of the correction
law; (v) any statement made to the board by  the  crime  victim  or  the
victim's  representative,  where  the  crime  victim  is  deceased or is
mentally or physically incapacitated; and (vi) the length of the  deter-
minate  sentence  to  which  the  inmate  would be subject had he or she
received a sentence pursuant to section 70.70 or section  70.71  of  the
penal  law for a felony defined in article two hundred twenty or article
two hundred twenty-one of the penal law. The board  shall  provide  toll
free  telephone  access for crime victims. In the case of an oral state-
ment made in accordance with subdivision one of section  440.50  of  the
criminal  procedure law, the parole board member shall present a written
report of the statement to the parole board. A crime victim's  represen-
tative  shall  mean  the  crime victim's closest surviving relative, the
committee or guardian of such person, or the legal representative of any
such person. Such statement submitted by the victim or  victim's  repre-
sentative may include information concerning threatening or intimidating
conduct  toward the victim, the victim's representative, or the victim's
family, made by the person sentenced and occurring after the sentencing.
Such information may include, but need not be limited to, the  threaten-
ing or intimidating conduct of any other person who or which is directed
by the person sentenced. Notwithstanding the provisions of this section,
in  making  the parole release decision for persons whose minimum period
of imprisonment was not fixed pursuant to the provisions of  subdivision
one of this section, in addition to the factors listed in this paragraph
the board shall consider the factors listed in paragraph (a) of subdivi-
sion one of this section.
  S 2. This act shall take effect immediately.