BILL NUMBER: S807

SPONSOR: MONTGOMERY
 
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 recommenda-
tion 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
lead-. er 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 includ-
ing 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 partic-
ipant 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 individ-
ual, 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 break-
down. 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 gradual-
ly 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 Legis-
lature 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 estab-
lished 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

2005-2886: S.1565 Died in Committee

2007-2088: S.2013 Died in Committee

2009-2010: S.1268E Died in Committee

2011-2012: S.103-A Died in Committee

2013-2014: S.1338-A Died in Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.