NY State Senate Bill 2021-S4065

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
Jan 05, 2022	referred to crime victims, crime and correction
Feb 02, 2021	referred to crime victims, crime and correction

2021-S4065 (ACTIVE) - Details

See Assembly Version of this Bill:: A4452
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§259-c, 259-e & 259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9960
2017-2018: S7895, A1909
2019-2020: S743, A5800
2023-2024: S2308, A4423

2021-S4065 (ACTIVE) - Summary

Requires the use of risk and needs assessments in parole decisions; provides a process permitting inmates to correct verifiable factual mistakes or errors in their risk and needs assessments or other non-confidential documents given the board prior to their appearances.

2021-S4065 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4065

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the executive law, in relation to the use of risk and
needs principles in parole decisions

 
PURPOSE:

To clarify the role of risk and needs assessments in parole release
decisions

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 4 of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011 to require risk and needs assessments to be utilized by the
parole board in determining whether to release an individual on parole.

Section 2 amends Section 259-e of the executive law, as amended by chap-

ter 473 of 4 the laws of 2016, to include risk and needs assessments in
institutional parole services.  Subdivision 2 requires that an inmate be
given access to look through any assessments, documents, or materials
two months prior to their parole board appearance, to identify factual
errors, and have those errors corrected. Allows for an individual to
appeal the decision, should materials where that individual identified
errors not be corrected before being sent to the parole board.

Subdivision 3 provides that if there is a substantial error identified
in an individual's risk and needs assessment or other reports or docu-
ments provided to the board, which had affected the individual's score
on a risk and needs assessment negatively, and the individual was denied
parole, the individual shall receive a de novo parole interview within
two months of the error being identified.

Section 3 amends 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 by including the incorporation of risk and needs assess-
ments in the factors and procedure to be followed by the parole board in
determining whether an individual should be released on parole.

Section 4 provides for the effective date.

 
JUSTIFICATION:

In 2011, the Legislature amended section 259-c(4) of the Executive Law
to mandate that the Board of Parole incorporate risk and needs assess-
ments into their parole release decisions. It was the stated intention
of the Legislature that the Board should use objective risk and needs
principles in determining whether an inmate is rehabilitated and safe to
release. In spite of this clear mandate, the Board decided the change in
the law had no effect on their decision-making practices and declined to
write new rules. When, after almost three years of pressure from advoca-
cy groups and several law suits, the Board finally decided to promulgate
formal rules pertaining to the use of risk and needs assessments, it
added the assessments as an eleventh factor for consideration in parole
release rather than an Underlying principle to be incorporated through-
out the decision-making process as required by the change in law. The
rules were insufficient to satisfy the legislative intent or the letter
of the law, and reflected a deep unwillingness on the Board's part to
change the way it operates.

In order to make it clear to the Board that the legislature wants an
objective assessment of risk to underlie all parole decisions, and to
Specify that they must consider the case plans and validated risk
assessment instruments administered by the Department of Corrections and
Community Supervision, this bill provides that risk and needs principles
"shall" be used by the Board as the basis for their determination as to
whether or not an inmate can safely be released.  It also provides that
the Board may override such risk assessment but must explain its reasons
for doing so. The bill further specifies that the Board must promulgate
rules and regulations reflecting this change in the law.

Additionally, the bill adds a new subdivision to Executive Law 4 259-e
to provide a process permitting inmates to correct verifiable factual
mistakes or errors in their risk and needs assessments or other non-con-
fidential documents given the Board prior to their appearances.

 
LEGISLATIVE HISTORY:

S743 - Montgomery of 2019-2020

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4065 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4065
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 the use of risk and
   needs principles in parole decisions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of section 259-c of the executive law, as
 amended by section 38-b of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   4. establish written procedures for its use in making parole decisions
 as required by law. Such written procedures shall incorporate  risk  and
 needs  principles  to  measure  the  rehabilitation of persons appearing
 before the board,  the  likelihood  of  success  of  such  persons  upon
 release,  and  [assist]  SHALL  BE USED BY members of the state board of
 parole in determining which inmates may be  released  to  parole  super-
 vision.  SUCH  PRINCIPLES  SHALL  PROVIDE THE BASIS UPON WHICH THE BOARD
 SHALL DETERMINE 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. PROCEDURES WHICH INCORPORATE RISK AND  NEEDS  PRINCI-
 PLES  SHALL  INCLUDE,  BUT  SHALL  NOT  BE  LIMITED TO, A RISK AND NEEDS
 ASSESSMENT PREPARED PURSUANT  TO  SECTION  ONE  HUNDRED  TWELVE  OF  THE
 CORRECTION  LAW  OR OTHER VALIDATED RISK AND NEEDS ASSESSMENT INSTRUMENT
 ADOPTED BY THE BOARD TO DETERMINE WHETHER OR NOT AN INMATE IS LIKELY  TO
 RE-OFFEND  UPON RELEASE FROM INCARCERATION.  SUCH RISK AND NEEDS ASSESS-
 MENT SHALL COMPRISE PRESUMPTIVE EVIDENCE OF THE INMATE'S RISK OF  RE-OF-
 FENSE.  SHOULD  THE BOARD CHOOSE TO OVERRIDE SUCH RISK AND NEEDS ASSESS-
 MENT IN DECIDING WHETHER OR NOT  AN  INMATE  WILL  LIVE  AND  REMAIN  AT
 LIBERTY WITHOUT VIOLATING THE LAW, ITS DECISION MUST PROVIDE A DETAILED,
 INDIVIDUALIZED AND NONCONCLUSORY STATEMENT AS TO ITS REASONS FOR DEPART-
 ING  FROM  THE RISK AND NEEDS ASSESSMENT FINDINGS WHICH SHALL BE SUBJECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08248-01-1

 S. 4065                             2
 
 TO JUDICIAL REVIEW. SUCH OVERRIDE DECISION SHALL NOT BE BASED SOLELY  ON
 INFORMATION  RELATING  TO  THE INSTANT OFFENSE AND/OR THE PRE-SENTENCING
 REPORT FOR SUCH OFFENSE. PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION,
 THE  BOARD  SHALL AMEND THE RULES AND REGULATIONS FOR THE CONDUCT OF ITS
 WORK TO REFLECT THE PROCEDURES ESTABLISHED BY THIS SUBDIVISION;
   § 2. Section 259-e of the executive law, as amended by chapter 473  of
 the laws of 2016, is amended to read as follows:
   §  259-e.  Institutional  parole  services.  1.  The  department shall
 provide institutional parole services. Such services shall include prep-
 aration of RISK AND NEEDS ASSESSMENTS, reports and other  data  required
 by  the  state  board  of  parole  in the exercise of its functions with
 respect to release on presumptive release, parole,  conditional  release
 or  post-release  supervision  of  inmates. Additionally, the department
 shall determine which inmates are in need of a deaf language interpreter
 or an English language interpreter, and shall inform the board  of  such
 need  within  a reasonable period of time prior to an inmate's scheduled
 appearance before the board. Employees of  the  department  who  collect
 data,  interview  inmates  and  prepare  reports  for the state board of
 parole in institutions under the jurisdiction of  the  department  shall
 work  under  the  direct  supervision  of the deputy commissioner of the
 department in charge of program services. Data and reports submitted  to
 the  board  shall  address the statutory factors to be considered by the
 board pursuant to the relevant provisions of section two hundred  fifty-
 nine-i of this article.
   2.  TWO  MONTHS PRIOR TO A PAROLE BOARD APPEARANCE, AN INMATE SHALL BE
 PERMITTED TO REVIEW HIS OR HER RISK AND NEEDS  ASSESSMENT,  REPORTS  AND
 ANY  OTHER  NON-CONFIDENTIAL DOCUMENTS TO BE GIVEN TO THE BOARD WITH THE
 DEPARTMENT EMPLOYEE CHARGED WITH PREPARING SUCH ASSESSMENT, REPORTS  AND
 DOCUMENTS,  AND  MAY  ASK  FOR  ANY  SUCH ASSESSMENT, REPORT OR DOCUMENT
 PREPARED BY THE DEPARTMENT  TO  BE  CORRECTED  IF  IT  CONTAINS  FACTUAL
 MISTAKES  OR  OTHER  ERRORS. THE DEPARTMENT SHALL IMMEDIATELY REVIEW THE
 INMATE'S RECORDS AND ANY EVIDENCE OFFERED IN  SUPPORT  OF  THE  INMATE'S
 CONTENTION  THAT THERE IS A FACTUAL MISTAKE OR OTHER ERROR IN HIS OR HER
 RECORDS.  UPON CONFIRMATION THAT SUCH MISTAKE OR ERROR  HAS  BEEN  MADE,
 THE  DEPARTMENT SHALL IMMEDIATELY CORRECT SUCH MISTAKE OR ERROR PRIOR TO
 SUBMITTING SUCH ASSESSMENT, RECORD OR DOCUMENT  TO  THE  BOARD.  IF  THE
 DEPARTMENT  DECIDES  NOT  TO  CORRECT  AN  ALLEGED MISTAKE OR ERROR, THE
 INMATE SHALL BE NOTIFIED OF HIS OR HER RIGHT TO  SUBMIT  EVIDENCE  ABOUT
 ANY UNCORRECTED MISTAKE OR UNCORRECTED ERROR TO THE BOARD AND MAY APPEAL
 THE  DECISION  WITHIN  FIFTEEN  DAYS OF THE DEPARTMENT'S DECISION NOT TO
 CORRECT THE MISTAKE OR ERROR. THE COMMISSIONER  SHALL  DECIDE  ANY  SUCH
 APPEAL  WITHIN  THIRTY  DAYS OF RECEIPT OF THE APPEAL, BUT NO LATER THAN
 TWO WEEKS BEFORE AN INMATE'S  SCHEDULED  APPEARANCE  BEFORE  THE  PAROLE
 BOARD.
   3.  IF  A  SUBSTANTIAL  MISTAKE  OR ERROR EXISTS IN THE RISK AND NEEDS
 ASSESSMENT OR IN OTHER REPORTS OR DOCUMENTS PROVIDED TO  THE  BOARD  FOR
 USE  AT A PAROLE INTERVIEW AND THE INMATE IS SUBSEQUENTLY DENIED PAROLE,
 THE INMATE SHALL BE GIVEN A DE NOVO PAROLE INTERVIEW WITHIN  TWO  MONTHS
 OF  THE  DISCOVERY  OF  SUCH  MISTAKE OR ERROR. A SUBSTANTIAL MISTAKE OR
 ERROR FOR THE PURPOSES OF THIS SUBDIVISION IS ANY MISTAKE OR ERROR  THAT
 WORSENS  THE INMATE'S OVERALL SCORE ON HIS OR HER RISK AND NEEDS ASSESS-
 MENT.
   § 3. 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:

 S. 4065                             3
 
   (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,  RULES  AND  REGU-
 LATIONS  INCORPORATING  RISK  AND  NEEDS  PRINCIPLES adopted pursuant to
 subdivision four of section two hundred  fifty-nine-c  of  this  article
 shall require that the following be considered IF NOT ALREADY TAKEN INTO
 ACCOUNT  BY  THE RISK AND NEEDS ASSESSMENT: (i) the institutional record
 including program  goals  and  accomplishments,  academic  achievements,
 vocational  education,  training or work assignments, therapy and inter-
 actions with staff and inmates; (ii) performance, if any, as  a  partic-
 ipant  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  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 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.
   § 4. This act shall take effect immediately.

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Senate Bill S4065

Sponsored By

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

2021-S4065 (ACTIVE) - Details

2021-S4065 (ACTIVE) - Summary

2021-S4065 (ACTIVE) - Sponsor Memo

2021-S4065 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4065

Share this bill

Sponsored By

Zellnor Myrie

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

2021-S4065 (ACTIVE) - Details

2021-S4065 (ACTIVE) - Summary

2021-S4065 (ACTIVE) - Sponsor Memo

2021-S4065 (ACTIVE) - Bill Text download pdf

Comments