S T A T E   O F   N E W   Y O R K
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    S. 371                                                    A. 192

                       2015-2016 Regular Sessions

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

                               (PREFILED)

                             January 7, 2015
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, SEWARD -- read twice and
  ordered printed, 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.
              

                                                           LBD00810-01-5

S. 371                              2                             A. 192

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.