NY State Senate Bill 2021-S1415

Senate Bill S1415

2021-2022 Legislative Session

Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2021	recommit, enacting clause stricken
Jun 10, 2021	committed to rules
May 20, 2021	amended on third reading 1415a
Feb 24, 2021	advanced to third reading
Feb 23, 2021	2nd report cal.
Feb 22, 2021	1st report cal.392
Jan 12, 2021	referred to crime victims, crime and correction

Votes

- Feb 22, 2021 - Crime Victims, Crime And Correction Committee Vote
  S1415
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Feb 22, 2021
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      nay (2)
      
      Akshar
      
      Gallivan

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S1415 - Details

See Assembly Version of this Bill:: A4231
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8346, A7546
2019-2020: S497, A4346
2023-2024: A162

2021-S1415 - Summary

Provides for findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.

2021-S1415 - Sponsor Memo

                                
 
BILL NUMBER: S1415

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the executive law, in relation to findings of the state
board of parole necessary for discretionary release of incarcerated
persons on parole

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that the Board of Parole shall release incarcerated persons who
are eligible for release on parole, unless such person presents a
current and unreasonable risk or such risk cannot be mitigated by parole
supervision.

 
SUMMARY OF PROVISIONS:

  Section 1 amends Executive Law § 259-i (2)(c) (A) to grant discretion-
ary release on parole unless the person poses a current and unreasonable
risk.  This  section  also  changes  the  word  "inmate" to incarcerated

person."

  Section 2 provides an effective date.

 
JUSTIFICATION:

When making a decision about whether to release an  incarcerated  person
to  community  supervision, the Board of Parole is currently required to
take into account the incarcerated  persons'  likelihood  of  committing
future  crimes upon release and to determine whether or not an incarcer-
ated persons' release will "deprecate the seriousness of the crime."  In
practice,  the  Board  does  not often release an incarcerated person on
their first appearance if the underlying crime was violent, even  it  if
it  took place more than 25 years prior to the board appearance and even
when the incarcerated person has a low risk of reoffending. Current  law
also makes the board susceptible to political pressure to deny parole to
incarcerated  individuals  with  high  profile  crimes, even if they are
thoroughly rehabilitated with excellent prison records, because  such  a
release  could  be considered by advocacy groups to "deprecate the seri-
ousness of the crime." In 2015, only  177  of  incarcerated  individuals
were  released  upon their first board appearance, and only 20 on subse-
quent appearances. The Board's failure  to  grant  parole  to  low  risk
incarcerated  individuals  results in expensive, prolonged, and unneces-
sary incarceration of middle aged and older incarcerated individuals who
have a very low probability of recidivism and who are very expensive  to
incarcerate  because  of high medical costs upon aging.  This bill would
require the Board of Parole to release people to  community  supervision
when their minimum period of incarceration has been served, unless there
is  a  clearly  articulated current public safety reason to keep them in
prison. On subsequent board appearances, there would be a presumption of
release unless the board determines by a preponderance of evidence  that
an  inmate  is unlikely to live without violating the law and that their
release poses an unreasonable public safety risk.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will save the state approximately $60,000 per year  for  every
incarcerated person who is released upon the completion of their minimum
sentence  but  who  would have been kept in prison under current law. It
has no costs associated with it.

 
LEGISLATIVE HISTORY:

2017-2018: S8346/A7546 Weprin

2019-2020: S497A/A4346A Weprin

 
EFFECTIVE DATE:
Immediately.

2021-S1415 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1415
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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, in relation to findings of the state
   board of parole necessary for discretionary  release  of  incarcerated
   persons on 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]  TO ANY INCARCERATED PERSON
 APPEARING BEFORE THE BOARD WHO IS ELIGIBLE FOR RELEASE ON PAROLE, UNLESS
 THE PAROLE CASE RECORD DEMONSTRATES THERE IS A CURRENT AND  UNREASONABLE
 RISK THE PERSON WILL VIOLATE THE LAW IF RELEASED AND SUCH RISK CANNOT BE
 MITIGATED  BY PAROLE SUPERVISION. 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 following be
 considered:  (i)  the  institutional  record including program goals and
 accomplishments, academic achievements, vocational  education,  training
 or  work  assignments, therapy and interactions with staff and [inmates]
 INCARCERATED PERSONS; (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]  INCARCERATED  PERSON; (iv) any deportation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07240-01-1

 S. 1415                             2
 
 order issued by the federal government against the [inmate] INCARCERATED
 PERSON while in the custody of the  department  and  any  recommendation
 regarding  deportation made by the commissioner of the department pursu-
 ant  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
 mentally or physically incapacitated; (vi) the length of the determinate
 sentence to which the [inmate] INCARCERATED PERSON 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)  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] INCARCERATED  PERSON,  the  pre-
 sentence probation report as well as consideration of any mitigating and
 aggravating  factors,  and activities following arrest prior to confine-
 ment; [and] (viii) prior  criminal  record,  including  the  nature  and
 pattern  of  offenses,  adjustment  to  any previous probation or parole
 supervision and institutional confinement;  AND  (IX)  ALL  EVIDENCE  OF
 REHABILITATION  AND  REFORM. 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 proce-
 dure  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 represen-
 tative made to the board shall be maintained by the  department  in  the
 file  provided  to the board when interviewing the [inmate] INCARCERATED
 PERSON 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. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S1415A (ACTIVE) - Details

See Assembly Version of this Bill:: A4231
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8346, A7546
2019-2020: S497, A4346
2023-2024: A162

2021-S1415A (ACTIVE) - Summary

Provides for findings of the state board of parole necessary for discretionary release of incarcerated persons on parole.

2021-S1415A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1415A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the executive law, in relation to findings of the state
board of parole necessary for discretionary release of incarcerated
persons on parole

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that the Board of Parole shall release incarcerated persons who
are eligible for release on parole, unless such person presents a
current and unreasonable risk or such risk cannot be mitigated by parole
supervision.

 
SUMMARY OF PROVISIONS:

Section 1 amends Executive Law § 259-i (2)(c) (A) to grant discretionary
release on parole unless the person poses a current and unreasonable
risk and in the determination as to whether they do any and all evidence

of rehabilitation and reform, that is made available, and if such risk
cannot be mitigated by parole supervision shall be considered. These
factors shall not be the sole or primary basis of the board's decision
and the board must explain, in writing, the basis for a denial of parole
and how factors were considered and weighed. This section also changes
the word "inmate" to "incarcerated person."

Section 2 provides an effective date.

 
JUSTIFICATION:

When making a decision about whether to release an incarcerated person
to community supervision, the Board of Parole is currently required to
take into account the incarcerated persons' likelihood of committing
future crimes upon release and to determine whether or not an incarcer-
ated persons' release will "deprecate the seriousness of the crime." In
practice, the Board does not often release an incarcerated person on
their first appearance if the underlying crime was violent, even it if
it took place more than 25 years prior to the board appearance and even
when the incarcerated person has a low risk of reoffending. Current law
also makes the board susceptible to political pressure to deny parole to
incarcerated individuals with high profile crimes, even if they are
thoroughly rehabilitated with excellent prison records, because such a
release could be considered by advocacy groups to "deprecate the seri-
ousness of the crime." In 2015, only 177 of incarcerated individuals
were released upon their first board appearance, and only 20 on subse-
quent appearances. The Board's failure to grant parole to low risk
incarcerated individuals results in expensive, prolonged, and unneces-
sary incarceration of middle aged and older incarcerated individuals who
have a very low probability of recidivism and who are very expensive to
incarcerate because of high medical costs upon aging. This bill would
require the Board of Parole to release people to community supervision
when their minimum period of incarceration has been served, unless there
is a clearly articulated current public safety reason to keep them in
prison. On subsequent board appearances, there would be a presumption of
release unless the board determines by a preponderance of evidence that
an inmate is unlikely to live without violating the law and that their
release poses an unreasonable public safety risk.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will save the state approximately $60,000 per year for every
incarcerated person who is released upon the completion of their minimum
sentence but who would have been kept in prison under current law. It
has no costs associated with it.

 
LEGISLATIVE HISTORY:

2017-2018: S8346/A7546 Weprin

2019-2020: S497A/A4346A Weprin

 
EFFECTIVE DATE:
Immediately.

2021-S1415A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1415--A
     Cal. No. 392
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BRISPORT,
   BROUK, COMRIE, COONEY, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH,
   KRUEGER,  LIU,  MAY,  MAYER,  MYRIE,  PARKER, RAMOS, SALAZAR, SANDERS,
   SAVINO, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered  print-
   ed,  and  when  printed  to  be  committed  to  the Committee on Crime
   Victims, Crime and Correction -- reported favorably from said  commit-
   tee,  ordered  to first and second report, ordered to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT to amend the executive law, in relation to findings of the state
   board of parole necessary for discretionary  release  of  incarcerated
   persons on 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] 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 probabili-
 ty 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]  TO  ANY  INCARCERATED  PERSON
 APPEARING BEFORE THE BOARD WHO IS ELIGIBLE FOR RELEASE ON PAROLE, UNLESS
 THE  PAROLE CASE RECORD DEMONSTRATES THERE IS A CURRENT AND UNREASONABLE
 RISK THE PERSON WILL VIOLATE THE LAW IF RELEASED AND SUCH RISK CANNOT BE
 MITIGATED BY PAROLE SUPERVISION. In making the [parole release decision]
 DETERMINATION AS TO WHETHER A PERSON POSES A  CURRENT  AND  UNREASONABLE
 RISK  OF  VIOLATING THE LAW IF RELEASED, the procedures adopted pursuant
 to subdivision four of section two hundred fifty-nine-c of this  article
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07240-02-1

 S. 1415--A                          2
 
 shall  require  that the following be considered: (i) [the institutional
 record including program goals and  accomplishments,  academic  achieve-
 ments,] ANY AND ALL EVIDENCE OF REHABILITATION AND REFORM, INCLUDING BUT
 NOT  LIMITED  TO  SELECTION  FOR  PARTICIPATION  IN  A TEMPORARY RELEASE
 PROGRAM, PARTICIPATION IN OTHER PROGRAMMING, THERAPEUTIC SUPPORT, COMMU-
 NITY SERVICE, OR vocational education, AND ANY training or work  assign-
 ments  THAT  THE  DEPARTMENT  MADE AVAILABLE TO THE INCARCERATED PERSON,
 [therapy and interactions with] AND STATEMENTS OF  SUPPORT  FROM  staff,
 VOLUNTEERS  and [inmates] OTHER INCARCERATED PERSONS; (ii) [performance,
 if any, as a participant in a temporary release program; (iii)]  release
 plans,  including  SUPPORT FROM FAMILY MEMBERS AND community [resources]
 NETWORKS, employment,  [education]  EDUCATIONAL  and  training  OPPORTU-
 NITIES,  CLINICAL, THERAPEUTIC AND OTHER REENTRY SERVICES, and ANY OTHER
 AVAILABLE support services [available to the inmate]; [(iv)]  (III)  any
 deportation  order issued by the federal government against the [inmate]
 INCARCERATED PERSON while in the  custody  of  the  department  and  any
 recommendation  regarding  deportation  made  by the commissioner of the
 department pursuant to section one hundred forty-seven of the correction
 law; (IV) THE LENGTH OF THE DETERMINATE SENTENCE TO WHICH THE  INCARCER-
 ATED  PERSON 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-TWO
 OF THE PENAL 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 mentally or physically incapacitated; (vi) [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 twen-
 ty or article two hundred twenty-one of the penal law; (vii)] the  seri-
 ousness  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] INCARCERATED PERSON,
 the pre-sentence probation report as well as consideration of any  miti-
 gating and aggravating factors, and activities following arrest prior to
 confinement;  and  [(viii)]  (VII)  prior criminal record, including the
 nature and pattern of offenses, adjustment to any previous probation  or
 parole supervision and institutional confinement. IN CONSIDERING WHETHER
 THERE IS A CURRENT AND UNREASONABLE RISK THE PERSON WILL VIOLATE THE LAW
 IF RELEASED AND SUCH RISK CANNOT BE MITIGATED BY PAROLE SUPERVISION, THE
 BOARD  SHALL  NOT BASE THEIR DETERMINATION SOLELY OR PRIMARILY ON ANY OR
 ALL OF THE FACTORS CONTAINED  IN  CLAUSES  (V)  THROUGH  (VII)  OF  THIS
 SUBPARAGRAPH.  THE  BOARD SHALL EXPLAIN IN WRITING IN DETAILED, INDIVID-
 UALIZED, AND NON-CONCLUSORY TERMS THE BASIS  FOR  A  DENIAL  OF  PAROLE,
 INCLUDING  HOW  THE  PAROLE  CASE RECORD AND THE ENUMERATED FACTORS WERE
 CONSIDERED AND WEIGHED. 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 proce-
 dure 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

 S. 1415--A                          3
 
 intimidating conduct of any other person who or which is directed by the
 person sentenced. Any statement by a victim or  the  victim's  represen-
 tative  made  to  the board shall be maintained by the department in the
 file  provided  to the board when interviewing the [inmate] INCARCERATED
 PERSON 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. The board shall report quarterly in writing to the governor,  the
 temporary  president  of  the senate, the minority leader of the senate,
 the speaker of the assembly, the minority leader of the assembly, and to
 the chairpersons of the assembly committee on correction and the  senate
 committee  on  crime victims, crime and correction on denials of parole.
 Written reports shall include the number of  individuals  denied  parole
 release  each  month,  the  articulated  reasons  for  each  denial, the
 assigned commissioners in each case and a record  of  their  votes,  and
 demographic  information  on  each applicant denied including race, sex,
 facility, and crime of conviction.  Reports  shall  exclude  information
 that  would  identify  the  individual. Reports required by this section
 shall be made available to  the  public  and  posted  quarterly  on  the
 websites maintained by the board of parole.
   § 3. This act shall take effect immediately.

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Senate Bill S1415

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Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

co-Sponsors

2021-S1415 - Details

2021-S1415 - Summary

2021-S1415 - Sponsor Memo

2021-S1415 - Bill Text download pdf

co-Sponsors

2021-S1415A (ACTIVE) - Details

2021-S1415A (ACTIVE) - Summary

2021-S1415A (ACTIVE) - Sponsor Memo

2021-S1415A (ACTIVE) - Bill Text download pdf

Comments