S T A T E   O F   N E W   Y O R K
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                                  9960

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

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

AN  ACT  to  amend the executive law, in relation to the use of risk and
  needs principles in parole decisions

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

  Section  1.  Subdivision  4  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:
  4. establish written procedures for its use in making parole decisions
as required by law. Such written procedures shall incorporate  risk  and
needs  principles  to  measure  the  rehabilitation of persons appearing
before the board,  the  likelihood  of  success  of  such  persons  upon
release,  and  [assist]  SHALL  BE USED BY members of the state board of
parole in determining which inmates may be  released  to  parole  super-
vision.  SUCH  PRINCIPLES  SHALL  PROVIDE THE BASIS UPON WHICH THE BOARD
SHALL DETERMINE 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. PROCEDURES WHICH INCORPORATE RISK AND  NEEDS  PRINCI-
PLES  SHALL  INCLUDE,  BUT  SHALL  NOT  BE  LIMITED TO, A RISK AND NEEDS
ASSESSMENT PREPARED PURSUANT  TO  SECTION  ONE  HUNDRED  TWELVE  OF  THE
CORRECTION  LAW  OR OTHER VALIDATED RISK AND NEEDS ASSESSMENT INSTRUMENT
ADOPTED BY THE BOARD TO DETERMINE WHETHER OR NOT AN INMATE IS LIKELY  TO
RE-OFFEND  UPON RELEASE FROM INCARCERATION.  SUCH RISK AND NEEDS ASSESS-
MENT SHALL COMPRISE PRESUMPTIVE EVIDENCE OF THE INMATE'S RISK OF  RE-OF-
FENSE.  SHOULD  THE BOARD CHOOSE TO OVERRIDE SUCH RISK AND NEEDS ASSESS-
MENT IN DECIDING WHETHER OR NOT  AN  INMATE  WILL  LIVE  AND  REMAIN  AT
LIBERTY WITHOUT VIOLATING THE LAW, ITS DECISION MUST PROVIDE A DETAILED,
INDIVIDUALIZED AND NONCONCLUSORY STATEMENT AS TO ITS REASONS FOR DEPART-
ING  FROM  THE RISK AND NEEDS ASSESSMENT FINDINGS WHICH SHALL BE SUBJECT
TO JUDICIAL REVIEW. SUCH OVERRIDE DECISION SHALL NOT BE BASED SOLELY  ON
INFORMATION  RELATING  TO  THE INSTANT OFFENSE AND/OR THE PRE-SENTENCING
REPORT FOR SUCH OFFENSE. PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14715-02-6
              

A. 9960                             2

THE BOARD SHALL AMEND THE RULES AND REGULATIONS FOR THE CONDUCT  OF  ITS
WORK TO REFLECT THE PROCEDURES ESTABLISHED BY THIS SUBDIVISION;
  S 2. Section 259-e of the executive law, as amended by section 38-c of
subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 259-e.  Institutional  parole  services.  1.  The  department  shall
provide institutional parole services. Such services shall include prep-
aration  of  RISK AND NEEDS ASSESSMENTS, reports and other data required
by the state board of parole in  the  exercise  of  its  functions  with
respect  to  release on presumptive release, parole, conditional release
or post-release supervision of inmates. Employees of the department  who
collect  data, interview inmates and prepare reports for the state board
of parole in institutions under the jurisdiction of the department shall
work under the direct supervision of  the  deputy  commissioner  of  the
department  in charge of program services. Data and reports submitted to
the board shall address the statutory factors to be  considered  by  the
board  pursuant to the relevant provisions of section two hundred fifty-
nine-i of this article.
  2. TWO MONTHS PRIOR TO A PAROLE BOARD APPEARANCE, AN INMATE  SHALL  BE
PERMITTED  TO  REVIEW  HIS OR HER RISK AND NEEDS ASSESSMENT, REPORTS AND
ANY OTHER NON-CONFIDENTIAL DOCUMENTS TO BE GIVEN TO THE BOARD  WITH  THE
DEPARTMENT  EMPLOYEE CHARGED WITH PREPARING SUCH ASSESSMENT, REPORTS AND
DOCUMENTS, AND MAY ASK FOR  ANY  SUCH  ASSESSMENT,  REPORT  OR  DOCUMENT
PREPARED  BY  THE  DEPARTMENT  TO  BE  CORRECTED  IF IT CONTAINS FACTUAL
MISTAKES OR OTHER ERRORS. THE DEPARTMENT SHALL  IMMEDIATELY  REVIEW  THE
INMATE'S  RECORDS  AND  ANY  EVIDENCE OFFERED IN SUPPORT OF THE INMATE'S
CONTENTION THAT THERE IS A FACTUAL MISTAKE OR OTHER ERROR IN HIS OR  HER
RECORDS.    UPON  CONFIRMATION THAT SUCH MISTAKE OR ERROR HAS BEEN MADE,
THE DEPARTMENT SHALL IMMEDIATELY CORRECT SUCH MISTAKE OR ERROR PRIOR  TO
SUBMITTING  SUCH  ASSESSMENT,  RECORD  OR  DOCUMENT TO THE BOARD. IF THE
DEPARTMENT DECIDES NOT TO CORRECT  AN  ALLEGED  MISTAKE  OR  ERROR,  THE
INMATE  SHALL  BE  NOTIFIED OF HIS OR HER RIGHT TO SUBMIT EVIDENCE ABOUT
ANY UNCORRECTED MISTAKE OR UNCORRECTED ERROR TO THE BOARD AND MAY APPEAL
THE DECISION WITHIN FIFTEEN DAYS OF THE  DEPARTMENT'S  DECISION  NOT  TO
CORRECT  THE  MISTAKE  OR  ERROR. THE COMMISSIONER SHALL DECIDE ANY SUCH
APPEAL WITHIN THIRTY DAYS OF RECEIPT OF THE APPEAL, BUT  NO  LATER  THAN
TWO  WEEKS  BEFORE  AN  INMATE'S  SCHEDULED APPEARANCE BEFORE THE PAROLE
BOARD.
  3. IF A SUBSTANTIAL MISTAKE OR ERROR EXISTS  IN  THE  RISK  AND  NEEDS
ASSESSMENT  OR  IN  OTHER REPORTS OR DOCUMENTS PROVIDED TO THE BOARD FOR
USE AT A PAROLE INTERVIEW AND THE INMATE IS SUBSEQUENTLY DENIED  PAROLE,
THE  INMATE  SHALL BE GIVEN A DE NOVO PAROLE INTERVIEW WITHIN TWO MONTHS
OF THE DISCOVERY OF SUCH MISTAKE OR  ERROR.  A  SUBSTANTIAL  MISTAKE  OR
ERROR  FOR THE PURPOSES OF THIS SUBDIVISION IS ANY MISTAKE OR ERROR THAT
WORSENS THE INMATE'S OVERALL SCORE ON HIS OR HER RISK AND NEEDS  ASSESS-
MENT.
  S  3.  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 OR HER crime as to undermine respect  for  law.    In

A. 9960                             3

making  the  parole  release  decision,  the procedures, RULES AND REGU-
LATIONS INCORPORATING RISK AND  NEEDS  PRINCIPLES  adopted  pursuant  to
subdivision  four  of  section  two hundred fifty-nine-c of this article
shall require that the following be considered IF NOT ALREADY TAKEN INTO
ACCOUNT  BY  THE RISK AND NEEDS ASSESSMENT: (i) the institutional record
including program  goals  and  accomplishments,  academic  achievements,
vocational  education,  training or work assignments, therapy and inter-
actions with staff and inmates; (ii) performance, if any, as  a  partic-
ipant  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  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 4. This act shall take effect immediately.