S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    938
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JONES, ENGLEBRIGHT, RIVERA, DICKENS, D'URSO,
   LAVINE, ARROYO, BLAKE,  GIGLIO,  MONTESANO,  McDONOUGH,  RAIA,  RA  --
   Multi-Sponsored  by  -- M. of A. BARCLAY, COOK, CROUCH, HAWLEY -- read
   once and referred to the Committee on Correction
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to statements to the state board of 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  there  is  a  reasonable  probability
 that,  if  such  inmate  is released, he will live and remain at liberty
 without violating the law, and that his 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. 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  follow-
 ing  be considered: (i) the institutional record including program goals
 and accomplishments, academic achievements, vocational education, train-
 ing 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  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 recom-
 mendation regarding deportation made by the commissioner of the  depart-
 ment  pursuant to section one hundred forty-seven of the correction law;
 (v) any current or prior statement made to the board by the crime victim
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03309-01-9

 A. 938                              2
 
 or the victim's representative, where the crime victim is deceased or is
 mentally or physically incapacitated; (vi) ANY STATEMENT IN  SUPPORT  OR
 OPPOSITION  MADE  TO THE BOARD BY A THIRD PARTY; (VII) 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)] (VIII) 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)] (IX)
 prior criminal record, including the nature  and  pattern  of  offenses,
 adjustment  to any previous probation or parole supervision and institu-
 tional confinement. The board shall provide toll free  telephone  access
 for  crime  victims. In the case of an oral statement made in accordance
 with subdivision 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
 information  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. Any statement by a victim or the victim's representative made
 to the board shall be maintained by the department in the file  provided
 to the board when interviewing the inmate in consideration of release. A
 victim or victim's representative who has submitted a written request to
 the  department  for  the transcript of such interview shall be provided
 such transcript as soon as it becomes available.
   § 2. Subparagraph (B) of paragraph (c) of  subdivision  2  of  section
 259-i of the executive law, as separately amended by chapters 40 and 126
 of the laws of 1999, is amended to read as follows:
   (B)  Where  a  crime  victim  or victim's representative as defined in
 subparagraph (A) of this paragraph [, or other person]  submits  to  the
 parole  board  a  written statement concerning the release of an inmate,
 SUCH STATEMENT SHALL BE DEEMED  CONFIDENTIAL  AND  SHALL  ONLY  BE  MADE
 AVAILABLE  TO  the  parole  board [shall keep that individual's name and
 address confidential] FOR USE IN RENDERING PAROLE DECISIONS.
   § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
 amended by chapter 193 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  Upon  the  request  of a victim of a crime, or in any event in all
 cases in which the final disposition includes a conviction of a  violent
 felony  offense  as  defined in section 70.02 of the penal law, a felony
 defined in article one hundred twenty-five of  such  law,  or  a  felony
 defined in article one hundred thirty of such law, the district attorney
 shall,  within  sixty  days of the final disposition of the case, inform
 the victim by letter of such final disposition. If such  final  disposi-
 tion  results  in  the commitment of the defendant to the custody of the
 department of corrections and community supervision for an indeterminate
 sentence, the notice provided to the crime victim shall also inform  the
 victim  of  his  or  her right to submit a written, audiotaped, or vide-

 A. 938                              3
 
 otaped victim impact statement to  the  department  of  corrections  and
 community  supervision  or to meet personally with a member of the state
 board of parole at a time and place separate from the personal interview
 between  a member or members of the board and the inmate and make such a
 statement, subject to procedures and limitations contained in  rules  of
 the  board,  both  pursuant  to  subdivision  two of section two hundred
 fifty-nine-i of the executive law. SUCH NOTICE SHALL INFORM  THE  VICTIM
 THAT  A WRITTEN, AUDIOTAPED, OR VIDEOTAPED VICTIM IMPACT STATEMENT SHALL
 BE DEEMED CONFIDENTIAL AND SHALL ONLY BE MADE  AVAILABLE  TO  THE  STATE
 BOARD  OF  PAROLE  FOR USE IN RENDERING PAROLE DECISIONS. A copy of such
 letter shall be provided to the board of parole. The right of the victim
 under this subdivision to submit a written victim impact statement or to
 meet personally with a member of the state board of  parole  applies  to
 each personal interview between a member or members of the board and the
 inmate.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.