S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2386
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN, O'DONNELL, LENTOL, AUBRY -- read once and
   referred to the Committee on Correction
 
 AN  ACT to amend the executive law, in relation to enacting the New York
   state program for older prisoners act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state program for older prisoners act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that age has been found to be the most reliable  predictor  for
 recidivism and that older inmates pose a very low risk of recidivism. In
 order  to  develop  more  effective and cost-efficient treatment for the
 rising population of geriatric prisoners, the  legislature  directs  the
 board  to  establish  a  program  to  consider  the release of geriatric
 inmates who do not pose a public safety risk.
   It is further found and declared that it is the  legislature's  inten-
 tion  to  direct  the  board of parole to identify all eligible low-risk
 geriatric prisoners who are promising candidates for release and,  where
 appropriate, to release them with adequate transitional programs, appro-
 priate  levels  of  community  supervision  and to assist them to obtain
 aftercare services.
   § 3. Subdivision 3 of section 259 of the executive law,  as  added  by
 section  37 of subpart A of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   3.  "Community  supervision"  means  the  supervision  of  individuals
 released  into  the community on temporary release, presumptive release,
 parole, conditional release,  post  release  supervision  [or],  medical
 parole OR GERIATRIC PAROLE.
   §  4.  Subdivision 1 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:

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

                                                            LBD05029-01-7

 A. 2386                             2
 
   1.  have  the  power  and duty of determining which inmates serving an
 indeterminate or determinate sentence of imprisonment may be released on
 parole,  or  on  medical  parole  pursuant  to   section   two   hundred
 fifty-nine-r  or  section  two  hundred fifty-nine-s OR GERIATRIC PAROLE
 PURSUANT  TO  SECTION TWO HUNDRED FIFTY-NINE-T of this article, and when
 and under what conditions;
   § 5. Subdivision 1 of section 259-c of the executive law,  as  amended
 by chapter 55 of the laws of 1992, is amended to read as follows:
   1.  have  the  power  and duty of determining which inmates serving an
 indeterminate sentence of imprisonment may be released on parole, or  on
 medical parole pursuant to section two hundred fifty-nine-r OR GERIATRIC
 PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-T of this article, and
 when and under what conditions;
   §  6.  Subdivision 1 of section 259-j of the executive law, as amended
 by section 38-g of subpart A of part C of chapter  62  of  the  laws  of
 2011, is amended to read as follows:
   1.  Except where a determinate sentence was imposed for a felony other
 than a felony defined in article  two  hundred  twenty  or  article  two
 hundred twenty-one of the penal law, if the board of parole is satisfied
 that an absolute discharge from presumptive release, parole, conditional
 release,  GERIATRIC PAROLE or release to a period of post-release super-
 vision is in the best interests of society, the board may grant  such  a
 discharge  prior  to  the expiration of the full term or maximum term to
 any person who has been on unrevoked community supervision for at  least
 three  consecutive  years.  A discharge granted under this section shall
 constitute a termination of the sentence with respect to  which  it  was
 granted.  No  such discharge shall be granted unless the board is satis-
 fied that the parolee or releasee, otherwise financially able to  comply
 with an order of restitution and the payment of any mandatory surcharge,
 sex  offender registration fee or DNA databank fee previously imposed by
 a court of competent jurisdiction, has  made  a  good  faith  effort  to
 comply therewith.
   §  7.  The  executive  law is amended by adding a new section 259-t to
 read as follows:
   § 259-T. GERIATRIC PAROLE RELEASE. 1. (A) THE BOARD SHALL  BE  AUTHOR-
 IZED  TO  ORDER  GERIATRIC  PAROLE RELEASE FOR ELIGIBLE INMATES. FOR THE
 PURPOSES OF THIS SECTION, AN "ELIGIBLE INMATE" IS AN INMATE  WHO  IS  AT
 LEAST  SIXTY  YEARS  OF  AGE,  IS SERVING A DETERMINATE OR INDETERMINATE
 SENTENCE OF IMPRISONMENT, AND HAS SERVED AT LEAST ONE-HALF OF THE  MINI-
 MUM  PERIOD  OF  HIS  OR HER INDETERMINATE SENTENCE, OR IN THE CASE OF A
 DETERMINATE SENTENCE, HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR
 HER DETERMINATE SENTENCE, PROVIDED, HOWEVER, THAT NO  INMATE  SERVING  A
 SENTENCE  IMPOSED  UPON  A  CONVICTION FOR MURDER IN THE FIRST DEGREE AS
 DEFINED IN SECTION 125.27 OF THE PENAL LAW, AN OFFENSE DEFINED IN  ARTI-
 CLE  ONE  HUNDRED THIRTY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE
 TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR  AN  ACT  OF  TERRORISM  AS
 DEFINED  IN  ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, OR AN ATTEMPT
 OR CONSPIRACY TO COMMIT ANY SUCH OFFENSE  SHALL  BE  ELIGIBLE  FOR  SUCH
 GERIATRIC PAROLE RELEASE.
   (B) SUCH RELEASE MAY BE GRANTED ONLY AFTER THE BOARD CONSIDERS WHETHER
 THERE  IS  A  REASONABLE  PROBABILITY THAT, IF RELEASED, THE INMATE WILL
 LIVE AND REMAIN AT LIBERTY WITHOUT VIOLATING  THE  LAW,  AND  THAT  SUCH
 RELEASE  IS NOT INCOMPATIBLE WITH THE WELFARE OF SOCIETY AND WILL NOT SO
 DEPRECATE THE SERIOUSNESS OF THE CRIME AS TO UNDERMINE RESPECT  FOR  THE
 LAW.

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   (C)  THE  BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING COURT, THE
 DISTRICT ATTORNEY AND THE ATTORNEY FOR SUCH INMATE THAT  THE  INMATE  IS
 BEING  CONSIDERED  FOR  RELEASE PURSUANT TO THIS SECTION AND THE PARTIES
 RECEIVING NOTICE SHALL HAVE FIFTEEN DAYS TO COMMENT ON  THE  RELEASE  OF
 THE INMATE. RELEASE TO GERIATRIC PAROLE SHALL NOT BE GRANTED UNTIL EXPI-
 RATION OF THE COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
   2.  THE  DEPARTMENT MAY RECOMMEND OR AN INMATE MAY APPLY FOR GERIATRIC
 PAROLE RELEASE PURSUANT TO THIS SECTION.
   3. (A) THE BOARD SHALL DETERMINE WHETHER AN ELIGIBLE  INMATE  POSES  A
 RISK  TO  PUBLIC SAFETY. IN ORDER TO MAKE SUCH A RISK DETERMINATION, THE
 BOARD SHALL USE A VALIDATED RISK ASSESSMENT INSTRUMENT  TO  MEASURE  THE
 LEVEL  OF  RISK  THE  INMATE  POSES  TO  PUBLIC  SAFETY. THE BOARD SHALL
 PERSONALLY INTERVIEW  EACH  INMATE  UNDER  CONSIDERATION  FOR  GERIATRIC
 PAROLE.
   (B)  AN  ELIGIBLE  INMATE  GRANTED  GERIATRIC  PAROLE RELEASE SHALL BE
 RELEASED SUBJECT TO THE CONDITIONS SET BY THE BOARD AND SHALL BE GIVEN A
 COPY OF THE CONDITIONS. SUCH CONDITIONS MAY INCLUDE ELECTRONICALLY MONI-
 TORED HOME DETENTION.
   (C) IF GERIATRIC PAROLE IS DENIED THE  INMATE  SHALL  BE  INFORMED  IN
 WRITING  WITHIN TWO WEEKS OF HIS OR HER APPEARANCE IN FRONT OF THE BOARD
 OF THE INMATE'S RISK ASSESSMENT SCORE AND THE FACTORS  AND  REASONS  FOR
 DENIAL  OF  GERIATRIC  PAROLE  RELEASE.   SUCH REASONS SHALL BE GIVEN IN
 DETAIL AND NOT IN CONCLUSORY TERMS.
   (D) A DENIAL OF RELEASE ON GERIATRIC PAROLE  SHALL  NOT  PRECLUDE  THE
 INMATE FROM REAPPLYING FOR GERIATRIC PAROLE ANNUALLY OR OTHERWISE AFFECT
 AN  INMATE'S  ELIGIBILITY  FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY
 LAW.
   4. GERIATRIC PAROLE RELEASE SHALL BE SUBJECT TO REVOCATION PURSUANT TO
 SUBDIVISION THREE OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
   5. INMATES MAY APPEAL ANY DECISIONS OF THE BOARD MADE PURSUANT TO THIS
 SECTION IN ACCORDANCE WITH  SUBDIVISION  FOUR  OF  SECTION  TWO  HUNDRED
 FIFTY-NINE-I OF THIS ARTICLE.
   6.  THE COMMISSIONER AND THE CHAIRMAN OF THE BOARD SHALL BE AUTHORIZED
 TO PROMULGATE RULES AND REGULATIONS FOR  THEIR  RESPECTIVE  AGENCIES  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   7.  THE  COMMISSIONER  AND  THE  CHAIRMAN OF THE STATE BOARD OF PAROLE
 SHALL ANNUALLY REPORT TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND THE SPEAKER OF THE ASSEMBLY, THE CHAIRS AND RANKING MINORITY
 MEMBERS OF THE ASSEMBLY CODES COMMITTEE, THE SENATE CODES COMMITTEE, THE
 ASSEMBLY CORRECTION COMMITTEE,  THE  SENATE  CRIME  VICTIMS,  CRIME  AND
 CORRECTION  COMMITTEE,  THE  ASSEMBLY  WAYS  AND MEANS COMMITTEE AND THE
 SENATE FINANCE COMMITTEE THE NUMBER OF  INMATES  WHO  HAVE  APPLIED  FOR
 GERIATRIC PAROLE; THE NUMBER WHO HAVE BEEN GRANTED GERIATRIC PAROLE; THE
 COUNTIES  TO  WHICH THEY HAVE BEEN RELEASED; THE AGES OF THE APPLICANTS;
 THE CATEGORIES OF DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE  NUMBER  OF
 PAROLEES  RELEASED  TO GERIATRIC PAROLE WHO HAVE BEEN RETURNED TO IMPRI-
 SONMENT IN THE CUSTODY OF THE  DEPARTMENT  AND  THE  REASONS  FOR  THEIR
 RETURN;  THE  NUMBER  OF  ELIGIBLE INMATES IN DEPARTMENT CUSTODY WHO ARE
 SIXTY YEARS OF AGE OR OVER AND AN ESTIMATE OF THE PROJECTED CORRECTIONAL
 HEALTH CARE SERVICE SAVINGS WERE SUCH INMATES TO BE RELEASED TO  PAROLE;
 AS  WELL  AS  THEIR RECOMMENDATIONS AND FINDINGS BY THE FIRST OF JANUARY
 NEXT SUCCEEDING THE EFFECTIVE DATE OF  THIS  SECTION  AND  EACH  JANUARY
 THEREAFTER.
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that the amendments to
 subdivision 1 of section 259-c of the executive law made by section four

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 of this act shall be subject to the expiration  and  reversion  of  such
 subdivision  pursuant to subdivision d of section 74 of chapter 3 of the
 laws of 1995, as amended, when upon such date the provisions of  section
 five of this act shall take effect.