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

                                  2290

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

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

AN ACT to amend the executive law, in relation to deference  in  discre-
  tionary release on 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 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 statement made to the board by the crime victim or the victim's
representative, where the crime victim is deceased  or  is  mentally  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04813-01-5
              

A. 2290                             2

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 [consid-
eration] DEFERENCE to the type  of  sentence,  length  of  sentence  and
recommendations  of  the  sentencing court, AND DUE CONSIDERATION TO THE
RECOMMENDATIONS OF the district attorney, the attorney for  the  inmate,
the  pre-sentence probation report as well as consideration of any miti-
gating and aggravating factors, and activities following 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 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.
  S 2. This act shall take effect immediately.