S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1410
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by Sens. RITCHIE, HELMING, TEDISCO -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and 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
 or the victim's representative, where the crime victim is deceased or is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03309-01-9

 S. 1410                             2
 
 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-
 otaped  victim  impact  statement  to  the department of corrections and

 S. 1410                             3
 
 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.