S T A T E   O F   N E W   Y O R K
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    S. 1854                                                  A. 1456

                       2013-2014 Regular Sessions

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

                               (PREFILED)

                             January 9, 2013
                               ___________

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  38-f-1  of
subpart  A  of  part  C of chapter 62 of the laws of 2011, 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 OR SHE will live and remain at
liberty without violating the law, and that his OR HER  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 procedures adopted pursuant to subdivision
four of section two hundred fifty-nine-c of this article  shall  require
that the following be considered: (i) the institutional record including
program  goals  and  accomplishments,  academic achievements, vocational
education, training or work assignments, therapy and  interactions  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

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

                                                           LBD01619-01-3

S. 1854                             2                            A. 1456

RESIDENCE.  IN  ORDER  FOR A RESIDENCE TO BE AN ACCEPTABLE RESIDENCE AND
QUALIFY THE INMATE FOR PAROLE RELEASE, SUCH RESIDENCE SHALL BE A  PERMA-
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 and any recommendation  regarding  deportation  made  by  the
commissioner  of  the  department 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; (vi) the length  of
the  determinate 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; (vii)  the  seriousness
of the offense with due consideration to the type of sentence, length of
sentence  and  recommendations  of  the  sentencing  court, the district
attorney, the attorney for the inmate, the pre-sentence probation report
as well as consideration of any mitigating and aggravating factors,  and
activities following arrest prior to confinement; and (viii) prior crim-
inal record, including the nature and pattern of offenses, adjustment to
any  previous probation or parole supervision and institutional confine-
ment. The board shall provide  toll  free  telephone  access  for  crime
victims. In the case of an oral statement made in accordance with subdi-
vision  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  representative  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 representative may include  informa-
tion  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  threatening  or  intimidating
conduct  of  any  other  person  who  or which is directed by the person
sentenced.
  S 2. This act shall take effect immediately.