Assembly Bill A7546

2017-2018 Legislative Session

Relates to findings of the state board of parole necessary for discretionary release of inmates on parole

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A7546 (ACTIVE) - Details

See Senate Version of this Bill:
S8346
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4346, S497
2021-2022: A4231, S1415
2023-2024: A162

2017-A7546 (ACTIVE) - Summary

Requires the state board of parole to find that an inmate presents an unreasonable current public safety risk to deny discretionary release to parole and provides that if parole is denied that release shall be presumed at subsequent hearings absent a preponderance of evidence that an inmate presents an unreasonable public safety risk.

2017-A7546 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7546
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT to amend the executive law, in relation to findings of the state
   board of parole necessary for  discretionary  release  of  inmates  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 chapter 130 of the
 laws of 2016, 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] UPON COMPLETION OF THE  MINIMUM  TERM
 OF  INCARCERATION  IMPOSED  BY  THE  SENTENCING COURT IF THE BOARD FINDS
 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] DOES NOT PRESENT AN UNREASONABLE CURRENT PUBLIC SAFETY
 RISK. IF DISCRETIONARY RELEASE TO PAROLE IS NOT GRANTED AT THE  INMATE'S
 INITIAL PAROLE BOARD APPEARANCE, THERE SHALL BE A PRESUMPTION OF RELEASE
 AT  ANY  SUBSEQUENT  BOARD APPEARANCE ABSENT A PREPONDERANCE OF EVIDENCE
 THAT THE INMATE IS UNLIKELY TO LIVE WITHOUT VIOLATING THE LAW  AND  THAT
 HIS  OR HER RELEASE PRESENTS AN UNREASONABLE CURRENT PUBLIC SAFETY RISK.
 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 achieve-
 ments, 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  includ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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