BILL NUMBER:  S6181

 TITLE OF BILL :  An act to amend the executive law, in relation to
altering the membership of the state board of parole

 PURPOSE OR GENERAL IDEA OF BILL :

To distribute the appointing authority of the state board of parole
among the Governor, Senate and Assembly. On and after January 1, 2017
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

              

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

Under subdivision 1 of section 259-b of the executive law, the
governor appoints not more than 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
2594(2) (e)). This mandate, however, has been undermined by the Parole
Board because of a shift in parole policy. In 1991, the New York State
Board of Parole granted parole to 66.7 percent of the 22,604 inmates
who applied when they had served their minimum sentences. Since 1995,
the rate of parole has steadily declined, so that by 1999, the parole
rate had dropped to 46.6 percent of those seeking parole for the first
time, After, a denial, the parole board can require an inmate to wait
up to two years before reapplying. The approval rates for later
appearances have fallen by similar amounts. Parole has dropped most
sharply for inmates convicted of violent crimes like murder, assault,
race, and robbery. For these criminals, the release rate fell from 24
percent of applicants at initial interviews in 1991 to 8 percent in
1998. For other categories of violent crimes, the drop matched the
decrease for all inmates. The sharp drop in parole rates is the result
of two major changes in parole laws since 1995 in an effort to get
tough on crime. In 1995, a law was passed that requires all people
convicted of a second violent felony to serve 85 percent of their
sentences.  Moreover, in 1998, Jenna's Law required that all violent
felons serve 85 percent of their terms.  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 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 break- down. There is
also a reduced risk of criminal socialization that can occur in
prison. It is also far less expensive for the individual to be on
parole rather than behind bars. It costs approximately $32,000 a year
to maintain a prisoner. Overcrowding in prisons is also eased. 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 walks out the
prison door 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 that the mandates for parole be followed,
it is necessary that the Legislature have the authority to appoint
members of the parole board. This legislation will give the
Legislature the authority to recommend members of the Parole Board to
the Governor; this will help ensure that parole policy, as established
by the Legislature under the Executive Law, will be observed.

 PRIOR LEGISLATIVE HISTORY :

04/08/16 Referred to Corrections

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal to state to cover expenses

 EFFECTIVE DATE :
This act shall take effect immediately.