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

                                  9696

                          I N  A S S E M B L Y

                              April 1, 2016
                               ___________

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

AN ACT to amend the executive law, in relation to statements made to the
  state board of parole by the victim of a crime

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

  S  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 the  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 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 procedures 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  interactions  with  staff  and
inmates;  (ii)  performance,  if  any,  as  a participant in a temporary
release program; (iii)  release  plans  including  community  resources,
employment, education and training and support services available to the
inmate;  (iv)  any  deportation  order  issued by the federal government
against the inmate while in the custody of the department and any recom-
mendation regarding deportation made by the commissioner of the  depart-
ment  pursuant to section one hundred forty-seven of the correction law;
(v) any CURRENT OR PRIOR 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

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

                                                           LBD14871-01-6

A. 9696                             2

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 recom-
mendations  of the sentencing court, the district attorney, the attorney
for the inmate, the pre-sentence probation report as well  as  consider-
ation  of any mitigating and aggravating factors, and activities follow-
ing arrest prior to  confinement;  and  (viii)  prior  criminal  record,
including the nature and pattern of offenses, adjustment to any previous
probation or parole supervision and institutional confinement. The board
shall  provide toll free telephone access for crime victims. In the case
of an oral statement 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  representative shall mean the crime victim's closest surviving
relative, the committee or guardian of such person, or the legal  repre-
sentative  of any such person. Such statement submitted by the victim or
victim's representative 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  threatening or intimidating conduct of any other person who or
which is directed by the person sentenced. ANY STATEMENT BY A VICTIM  OR
THE VICTIM'S REPRESENTATIVE MADE TO THE BOARD SHALL BE MAINTAINED BY THE
DEPARTMENT  IN  THE  FILE  PROVIDED  TO  THE BOARD WHEN INTERVIEWING THE
INMATE IN CONSIDERATION OF RELEASE. A VICTIM OR VICTIM'S  REPRESENTATIVE
WHO HAS SUBMITTED A WRITTEN REQUEST TO THE DEPARTMENT FOR THE TRANSCRIPT
OF  SUCH  INTERVIEW  SHALL  BE  PROVIDED  SUCH  TRANSCRIPT AS SOON AS IT
BECOMES AVAILABLE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.