NY State Senate Bill 2021-S2261A

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2022	print number 2261a
Feb 08, 2022	amend and recommit to crime victims, crime and correction
Jan 05, 2022	referred to crime victims, crime and correction
Jan 20, 2021	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S2261 - Details

See Assembly Version of this Bill:: A9048
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1745
2023-2024: S189, A4704

2021-S2261 - Summary

Provides that any person interested in the grant or denial of discretionary release shall have the right to submit a written statement of views in support of or in opposition to the granting of discretionary release which the parole board may consider.

2021-S2261 - Sponsor Memo

                                
 
BILL NUMBER: S2261

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to third party statements
to the parole board

 
PURPOSE OF THE BILL:

To amend section 259-i of the Executive Law regarding the submission of
written statements by the public.

 
SUMMARY OF PROVISIONS:

This bill amends Executive Law § 259-1(2)(c)(A) to explicitly codify the
public's right to submit written statements regarding release determi-
nations.

 
JUSTIFICATION:

The Board of Parole, as a matter of practice, will review all statements
made by private individuals regarding particular candidates for release.
This includes letters and other statements made by a variety of individ-
uals both in support of and in opposition to that candidate's release.
The Executive Law implicitly allows the consideration of these state-
ments by providing for how the Board must treat the information of the
individuals who submit them. Courts also have endorsed the practice.
However, a minority of trial courts recently have prohibited the Board
from considering statements in opposition from individuals who are not
included within the narrow definition of victim or victim representative
provided by statute.  They do not appear to have considered the impli-
cation of their ruling on statements in support, which similarly would
be restricted.

This principle could lead to a perverse situation in which individuals
affected by a release determination are unable to communicate this fact
to the Board. The individuals so silenced would include both persons
affected by the crime but not included in the narrow definition of
victim representative, such as bystanders and friends and relatives of
the victim, as well as family members and friends of the inmate express-
ing support for release. Consequently, this bill would explicitly
authorize the Board to consider these statements.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.1745 Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2021-S2261 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2261
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 third party statements
   to the parole board
 
   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 OR SHE will live and remain at
 liberty without violating the law, and that his OR HER  release  is  not
 incompatible  with  the welfare of society and will not so deprecate the
 seriousness of his OR HER 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 following be considered: (i) the institutional
 record including program goals and  accomplishments,  academic  achieve-
 ments,  vocational  education, training 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 includ-
 ing 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  recommendation  regarding  deportation made by the
 commissioner of the department 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04128-01-1

 S. 2261                             2
 
 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 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, the  pre-sen-
 tence  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. The board shall provide toll  free  tele-
 phone 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 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. ANY
 PERSON INTERESTED IN THE GRANT OR DENIAL OF DISCRETIONARY RELEASE  UNDER
 THIS  SUBDIVISION  SHALL HAVE THE RIGHT TO SUBMIT A WRITTEN STATEMENT OF
 VIEWS IN SUPPORT OF OR IN OPPOSITION TO THE  GRANTING  OF  DISCRETIONARY
 RELEASE  WHICH THE BOARD MAY CONSIDER, EXCEPT THAT THE BOARD MAY EXCLUDE
 FROM CONSIDERATION INFORMATION WHICH IS IRRELEVANT OR UNRELIABLE.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S2261A (ACTIVE) - Details

See Assembly Version of this Bill:: A9048
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1745
2023-2024: S189, A4704

2021-S2261A (ACTIVE) - Summary

2021-S2261A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2261A

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to third party statements
to the parole board

 
PURPOSE OF THE BILL:

To amend section 259-i of the Executive Law regarding the submission of
written statements by the public.

 
SUMMARY OF PROVISIONS:

This bill amends Executive Law § 259-1(2)(c)(A) to explicitly codify the
public's right to submit written statements regarding release determi-
nations.

 
JUSTIFICATION:

The Board of Parole, as a matter of practice, will review all statements
made by private individuals regarding particular candidates for release.
This includes letters and other statements made by a variety of individ-
uals both in support of and in opposition to that candidate's release.
The Executive Law implicitly allows the consideration of these state-
ments by providing for how the Board must treat the information of the
individuals who submit them. Courts also have endorsed the practice.
However, a minority of trial courts recently have prohibited the Board
from considering statements in opposition from individuals who are not
included within the narrow definition of victim or victim representative
provided by statute.

They do not appear to have considered the implication of their ruling on
statements in support, which similarly would be restricted.  This prin-
ciple could lead to a perverse situation in which individuals affected
by a release determination are unable to communicate this fact to the
Board. The individuals so silenced would include both persons affected
by the crime but not included in the narrow definition of victim repre-
sentative, such as bystanders and friends and relatives of the victim,
as well as family members and friends of the incarcerated individual
expressing support for release. Consequently, this bill would explicitly
authorize the Board to consider these statements.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2021-S2261A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2261--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sens. GALLIVAN, JORDAN, MATTERA, OBERACKER, STEC -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Crime Victims, Crime and Correction -- recommitted to the
   Committee  on  Crime  Victims, Crime and Correction in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to third party statements
   to the parole board
 
   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 322 of the
 laws of 2021 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 incarcerated individual is released, he or she will live
 and remain at liberty without violating the law, and  that  his  or  her
 release  is not incompatible with the welfare of society and will not so
 deprecate the seriousness of his or her 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 following be considered: (i) the institu-
 tional record including  program  goals  and  accomplishments,  academic
 achievements, vocational education, training or work assignments, thera-
 py  and  interactions  with  staff  and  incarcerated  individuals; (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 incarcerated individ-
 ual; (iv) any deportation order issued by the federal government against
 the  incarcerated  individual while in the custody of the department and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04128-03-2

 S. 2261--A                          2
 
 any recommendation regarding deportation made by the commissioner of the
 department 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 mentally or physically incapacitated; (vi) the length  of
 the  determinate  sentence to which the incarcerated individual 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 incarcerated individ-
 ual, the pre-sentence probation report as well as consideration  of  any
 mitigating  and  aggravating  factors,  and  activities following arrest
 prior to confinement; and (viii) prior criminal  record,  including  the
 nature  and pattern of offenses, adjustment to any previous probation or
 parole  supervision  and  institutional  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 intim-
 idating 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
 incarcerated  individual  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.  ANY PERSON INTERESTED IN
 THE GRANT OR DENIAL OF  DISCRETIONARY  RELEASE  UNDER  THIS  SUBDIVISION
 SHALL  HAVE  THE RIGHT TO SUBMIT A WRITTEN STATEMENT OF VIEWS IN SUPPORT
 OF OR IN OPPOSITION TO THE GRANTING OF DISCRETIONARY RELEASE  WHICH  THE
 BOARD MAY CONSIDER, EXCEPT THAT THE BOARD MAY EXCLUDE FROM CONSIDERATION
 INFORMATION WHICH IS IRRELEVANT OR UNRELIABLE.
   § 2. This act shall take effect immediately.

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Senate Bill S2261A

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2021-S2261 - Details

2021-S2261 - Summary

2021-S2261 - Sponsor Memo

2021-S2261 - Bill Text download pdf

co-Sponsors

2021-S2261A (ACTIVE) - Details

2021-S2261A (ACTIVE) - Summary

2021-S2261A (ACTIVE) - Sponsor Memo

2021-S2261A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2261A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2021-S2261 - Details

2021-S2261 - Summary

2021-S2261 - Sponsor Memo

2021-S2261 - Bill Text download pdf

co-Sponsors

2021-S2261A (ACTIVE) - Details

2021-S2261A (ACTIVE) - Summary

2021-S2261A (ACTIVE) - Sponsor Memo

2021-S2261A (ACTIVE) - Bill Text download pdf

Comments