S T A T E   O F   N E W   Y O R K
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                                  9696

                          I N  A S S E M B L Y

                             March 27, 2012
                               ___________

Introduced  by M. of A. AUBRY, LENTOL, MILLMAN -- read once and referred
  to the Committee on Correction

AN ACT to amend the executive law, in relation to enacting the New  York
  state program for older prisoners act

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York state program for older prisoners act".
  S 2. Legislative findings and intent. The legislature hereby finds and
declares  that  age has been found to be the most reliable predictor for
recidivism and that older inmates pose a very low risk of recidivism. In
order to develop more effective and  cost-efficient  treatment  for  the
rising  population  of  geriatric prisoners, the legislature directs the
board to establish a  program  to  consider  the  release  of  geriatric
inmates who do not pose a public safety risk.
  It  is  further found and declared that it is the legislature's inten-
tion to direct the board of parole to  identify  all  eligible  low-risk
geriatric  prisoners who are promising candidates for release and, where
appropriate, to release them with adequate transitional programs, appro-
priate levels of community supervision and  to  assist  them  to  obtain
aftercare services.
  S  3.  Subdivision  3 of section 259 of the executive law, as added by
section 37 of subpart A of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
  3.  "Community  supervision"  means  the  supervision  of  individuals
released into the community on temporary release,  presumptive  release,
parole,  conditional  release,  post  release  supervision [or], medical
parole OR GERIATRIC PAROLE.
  S 4. Subdivision 1 of section 259-c of the executive law,  as  amended
by  section  38-b  of  subpart  A of part C of chapter 62 of the laws of
2011, is amended to read as follows:
  1. have the power and duty of determining  which  inmates  serving  an
indeterminate or determinate sentence of imprisonment may be released on
parole,   or   on   medical  parole  pursuant  to  section  two  hundred

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

                                                           LBD14915-01-2

A. 9696                             2

fifty-nine-r or section two hundred  fifty-nine-s  OR  GERIATRIC  PAROLE
PURSUANT  TO  SECTION TWO HUNDRED FIFTY-NINE-T of this article, and when
and under what conditions;
  S  5.  Subdivision 1 of section 259-c of the executive law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  1. have the power and duty of determining  which  inmates  serving  an
indeterminate  sentence of imprisonment may be released on parole, or on
medical parole pursuant to section two hundred fifty-nine-r OR GERIATRIC
PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-T of this article, and
when and under what conditions;
  S 6. Subdivision 1 of section 259-j of the executive law,  as  amended
by  section  38-g  of  subpart  A of part C of chapter 62 of the laws of
2011, is amended to read as follows:
  1. Except where a determinate sentence was imposed for a felony  other
than  a  felony  defined  in  article  two hundred twenty or article two
hundred twenty-one of the penal law, if the board of parole is satisfied
that an absolute discharge from presumptive release, parole, conditional
release, GERIATRIC PAROLE or release to a period of post-release  super-
vision  is  in the best interests of society, the board may grant such a
discharge prior to the expiration of the full term or  maximum  term  to
any  person who has been on unrevoked community supervision for at least
three consecutive years. A discharge granted under  this  section  shall
constitute  a  termination  of the sentence with respect to which it was
granted. No such discharge shall be granted unless the board  is  satis-
fied  that the parolee or releasee, otherwise financially able to comply
with an order of restitution and the payment of any mandatory surcharge,
sex offender registration fee or DNA databank fee previously imposed  by
a  court  of  competent  jurisdiction,  has  made a good faith effort to
comply therewith.
  S 7. The executive law is amended by adding a  new  section  259-t  to
read as follows:
  S  259-T.  GERIATRIC PAROLE RELEASE. 1. (A) THE BOARD SHALL BE AUTHOR-
IZED TO ORDER GERIATRIC PAROLE RELEASE FOR  ELIGIBLE  INMATES.  FOR  THE
PURPOSES  OF  THIS  SECTION, AN "ELIGIBLE INMATE" IS AN INMATE WHO IS AT
LEAST SIXTY YEARS OF AGE, IS  SERVING  A  DETERMINATE  OR  INDETERMINATE
SENTENCE  OF IMPRISONMENT, AND HAS SERVED AT LEAST ONE-HALF OF THE MINI-
MUM PERIOD OF HIS OR HER INDETERMINATE SENTENCE, OR IN  THE  CASE  OF  A
DETERMINATE SENTENCE, HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR
HER  DETERMINATE  SENTENCE,  PROVIDED, HOWEVER, THAT NO INMATE SERVING A
SENTENCE IMPOSED UPON A CONVICTION FOR MURDER IN  THE  FIRST  DEGREE  AS
DEFINED  IN SECTION 125.27 OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTI-
CLE ONE HUNDRED THIRTY OF THE PENAL LAW, AN OFFENSE DEFINED  IN  ARTICLE
TWO  HUNDRED  SIXTY-THREE  OF  THE  PENAL LAW, OR AN ACT OF TERRORISM AS
DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, OR  AN  ATTEMPT
OR  CONSPIRACY  TO  COMMIT  ANY  SUCH OFFENSE SHALL BE ELIGIBLE FOR SUCH
GERIATRIC PAROLE RELEASE.
  (B) SUCH RELEASE SHALL BE  GRANTED  ONLY  AFTER  THE  BOARD  CONSIDERS
WHETHER  THERE IS A REASONABLE PROBABILITY THAT, IF RELEASED, THE INMATE
WILL LIVE AND REMAIN AT LIBERTY WITHOUT VIOLATING THE LAW, AND THAT SUCH
RELEASE IS NOT INCOMPATIBLE WITH THE WELFARE OF SOCIETY AND WILL NOT  SO
DEPRECATE  THE  SERIOUSNESS OF THE CRIME AS TO UNDERMINE RESPECT FOR THE
LAW.
  (C) THE BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING  COURT,  THE
DISTRICT  ATTORNEY  AND  THE ATTORNEY FOR SUCH INMATE THAT THE INMATE IS
BEING CONSIDERED FOR RELEASE PURSUANT TO THIS SECTION  AND  THE  PARTIES
RECEIVING  NOTICE  SHALL  HAVE FIFTEEN DAYS TO COMMENT ON THE RELEASE OF

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THE INMATE. RELEASE TO GERIATRIC PAROLE SHALL NOT BE GRANTED UNTIL EXPI-
RATION OF THE COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2.  THE  DEPARTMENT MAY RECOMMEND OR AN INMATE MAY APPLY FOR GERIATRIC
PAROLE RELEASE PURSUANT TO THIS SECTION.
  3. (A) THE BOARD SHALL DETERMINE WHETHER AN ELIGIBLE  INMATE  POSES  A
RISK  TO  PUBLIC SAFETY. IN ORDER TO MAKE SUCH A RISK DETERMINATION, THE
BOARD SHALL USE A VALIDATED RISK ASSESSMENT INSTRUMENT  TO  MEASURE  THE
LEVEL  OF  RISK  THE  INMATE  POSES  TO  PUBLIC  SAFETY. THE BOARD SHALL
PERSONALLY INTERVIEW  EACH  INMATE  UNDER  CONSIDERATION  FOR  GERIATRIC
PAROLE.
  (B)  AN  ELIGIBLE  INMATE  GRANTED  GERIATRIC  PAROLE RELEASE SHALL BE
RELEASED SUBJECT TO THE CONDITIONS SET BY THE BOARD AND SHALL BE GIVEN A
COPY OF THE CONDITIONS. SUCH CONDITIONS MAY INCLUDE ELECTRONICALLY MONI-
TORED HOME DETENTION.
  (C) IF GERIATRIC PAROLE IS DENIED THE  INMATE  SHALL  BE  INFORMED  IN
WRITING  WITHIN TWO WEEKS OF HIS OR HER APPEARANCE IN FRONT OF THE BOARD
OF THE INMATE'S RISK ASSESSMENT SCORE AND THE FACTORS  AND  REASONS  FOR
DENIAL  OF  GERIATRIC  PAROLE  RELEASE.   SUCH REASONS SHALL BE GIVEN IN
DETAIL AND NOT IN CONCLUSORY TERMS.
  (D) A DENIAL OF RELEASE ON GERIATRIC PAROLE  SHALL  NOT  PRECLUDE  THE
INMATE FROM REAPPLYING FOR GERIATRIC PAROLE ANNUALLY OR OTHERWISE AFFECT
AN  INMATE'S  ELIGIBILITY  FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY
LAW.
  4. GERIATRIC PAROLE RELEASE SHALL BE SUBJECT TO REVOCATION PURSUANT TO
SUBDIVISION THREE OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
  5. INMATES MAY APPEAL ANY DECISIONS OF THE BOARD MADE PURSUANT TO THIS
SECTION IN ACCORDANCE WITH  SUBDIVISION  FOUR  OF  SECTION  TWO  HUNDRED
FIFTY-NINE-I OF THIS ARTICLE.
  6.  THE COMMISSIONER AND THE CHAIRMAN OF THE BOARD SHALL BE AUTHORIZED
TO PROMULGATE RULES AND REGULATIONS FOR  THEIR  RESPECTIVE  AGENCIES  TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  7.  THE  COMMISSIONER  AND  THE  CHAIRMAN OF THE STATE BOARD OF PAROLE
SHALL ANNUALLY REPORT TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE
SENATE  AND THE SPEAKER OF THE ASSEMBLY, THE CHAIRS AND RANKING MINORITY
MEMBERS OF THE ASSEMBLY CODES COMMITTEE, THE SENATE CODES COMMITTEE, THE
ASSEMBLY CORRECTION COMMITTEE,  THE  SENATE  CRIME  VICTIMS,  CRIME  AND
CORRECTION  COMMITTEE,  THE  ASSEMBLY  WAYS  AND MEANS COMMITTEE AND THE
SENATE FINANCE COMMITTEE THE NUMBER OF  INMATES  WHO  HAVE  APPLIED  FOR
GERIATRIC PAROLE; THE NUMBER WHO HAVE BEEN GRANTED GERIATRIC PAROLE; THE
COUNTIES  TO  WHICH THEY HAVE BEEN RELEASED; THE AGES OF THE APPLICANTS;
THE CATEGORIES OF DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE  NUMBER  OF
PAROLEES  RELEASED  TO GERIATRIC PAROLE WHO HAVE BEEN RETURNED TO IMPRI-
SONMENT IN THE CUSTODY OF THE  DEPARTMENT  AND  THE  REASONS  FOR  THEIR
RETURN;  THE  NUMBER  OF  ELIGIBLE INMATES IN DEPARTMENT CUSTODY WHO ARE
SIXTY YEARS OF AGE OR OVER AND AN ESTIMATE OF THE PROJECTED CORRECTIONAL
HEALTH CARE SERVICE SAVINGS WERE SUCH INMATES TO BE RELEASED TO  PAROLE;
AS  WELL  AS  THEIR RECOMMENDATIONS AND FINDINGS BY THE FIRST OF JANUARY
NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS ACT AND EACH  JANUARY  THERE-
AFTER.
  S 8. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided, however, that the amendments to
subdivision 1 of section 259-c of the executive law made by section four
of this act shall be subject to the expiration  and  reversion  of  such
subdivision  pursuant  to section 74-d of chapter 3 of the laws of 1995,
as amended, when upon such date the provisions of section five  of  this
act shall take effect.