Senate Bill S6391

2021-2022 Legislative Session

Modifies the factors to be considered when making a parole release decision

download bill text pdf

Sponsored By

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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2021-S6391 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S4309

2021-S6391 (ACTIVE) - Summary

Modifies the factors to be considered when making a parole release decision; updates the term "inmate" to "incarcerated person".

2021-S6391 (ACTIVE) - Sponsor Memo

2021-S6391 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6391
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 modifying the  factors
   to be considered when making a parole release decision

   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] INCARCERATED PEOPLE; (ii) perform-
 ance, 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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