BILL NUMBER:  S4262

 TITLE OF BILL :  An act to amend the executive law, in relation to
distributing the appointing authority of the state board of parole
among the governor, senate and assembly

 PURPOSE :

To distribute the appointing authority of the state board of parole
among the Governor, Senate and Assembly. On and after January 1, 2019
the Parole Board shall consist of 19 members. Of such members nine
shall be appointed by the governor, three shall be appointed upon
recommendation of the temporary president of the senate, three shall
be appointed upon the recommendation of the speaker of the assembly,
two shall be appointed upon the recommendation of the minority leader
of the senate and two shall be appointed upon the recommendation of
the minority leader of the assembly.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 1 of section 259-b of the executive law,
as amended by section 38a of subpart A of part C of chapter 62 of the
laws of 2011, to require that the members of the board of parole be
appointed by the governor, the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate, and the
minority leader of the assembly.
              

 EXISTING LAW :

Under subdivision 1 of section 259-b of the executive law, the
governor appoints 19 members of the parole board with the advice and
consent of the Senate.

 JUSTIFICATION :

The Executive Law mandates that in making a parole release decision,
the following factors are to be considered: the institutional record
including program goals and accomplishments, academic achievements,
vocational education, training or work assignments, therapy and
interpersonal relationships with staff and inmates; performance, if
any, as a participant in a temporary release program; release plans
including community resources, employment, education and training and
support services available to the inmate; and the written statement of
the crime victim or the victim's representative (see Executive Law
259-i(2)(ii)(c)(A)). This mandate, however, has been undermined by the
Parole Board as a result of a shift in parole policy.

This shift in policy away from determining parole based on an
individual, case-by-case basis to an en masse denial of parole based
on the original crime undermines the purpose of parole. Parole is
advantageous to the offender, to the state and to society as a whole
for a number of reasons. The offender has the benefit of a shorter
time behind bars and a period of time under supervision to adjust to
life on the outside while still having access to certain support
services. Parole helps reconnect the offender with family
relationships sooner; less harm is done to the family structure,
reducing the social cost of family breakdown. There is also a reduced
risk of criminal socialization which can occur in prison. It is also
far less expensive for the individual to be on parole rather than
behind bars. It costs approximately $60,000 a year to maintain a
prisoner. The monitoring of individuals on parole allows a measure of
control and safety for the community while permitting the parole
officer to evaluate whether a parolee is adjusting successfully to
life on the outside. A person with the opportunity to adjust gradually
to life outside prison poses less danger to society than one who
leaves unprepared.
Parole also plays an important role in maintaining order in
correctional facilities. Correctional facilities use the enticement or
good time to induce prisoners to participate in programs and maintain
good behavior while incarcerated. Without this inducement, maintaining
order in the State's overcrowded prisons would be more difficult.

In order to comply with parole mandates, it is necessary that the
Legislature have the authority to appoint members of the parole board.
This bill will give legislators the authority to recommend members of
the Parole Board to the Governor, ensuring that parole policy, as
established by the Legislature under the Executive Law, will be
observed.

 LEGISLATIVE HISTORY :

2001-2002: S.2549A Died in Committee
2003-2004: S.1633 Died in Committee
2005-2006: S.1565 Died in Committee
2007-2008: S.2013 Died in Committee
2009-2010: S.1268E Died in Committee
2011-2012: S.103-A Died in Committee
2013-2014: S.1330-A Died in Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.