S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    162
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN, WALKER, FAHY, HUNTER, CRUZ, DICKENS,
   MAMDANI, GONZALEZ-ROJAS, MITAYNES, KELLES, BURDICK,  ANDERSON,  MEEKS,
   SEPTIMO,   BURGOS,   DAVILA,   ZINERMAN,   RAMOS,   GALLAGHER,  CLARK,
   PEOPLES-STOKES, BICHOTTE HERMELYN, SAYEGH, LUPARDO,  JACOBSON,  GLICK,
   JACKSON,  HYNDMAN,  DARLING,  STECK,  PAULIN,  GIBBS,  FALL,  BRONSON,
   RIVERA, TAPIA, CUNNINGHAM, LUCAS, DE LOS SANTOS -- Multi-Sponsored  by
   --  M.  of  A.  THIELE  --  read once and referred to the Committee on
   Correction
 
 AN ACT to amend the executive law, in relation to findings of the  state
   board  of  parole  necessary for discretionary release of incarcerated
   individuals 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  322  of  the
 laws of 2021, 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  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]  TO ANY INCARCERATED INDIVIDUAL APPEARING BEFORE THE BOARD WHO
 IS ELIGIBLE FOR RELEASE ON PAROLE, UNLESS THE PAROLE CASE RECORD  DEMON-
 STRATES  THERE  IS  A  CURRENT AND UNREASONABLE RISK THE INDIVIDUAL 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 AN INDIVIDUAL  POSES  A  CURRENT  AND  UNREASONABLE  RISK  OF
 VIOLATING THE LAW IF RELEASED, the procedures adopted pursuant to subdi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00229-01-3
 A. 162                              2
 
 vision  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,] ANY
 AND ALL EVIDENCE OF REHABILITATION AND REFORM, INCLUDING BUT NOT LIMITED
 TO  SELECTION  FOR PARTICIPATION IN A TEMPORARY RELEASE PROGRAM, PARTIC-
 IPATION IN OTHER PROGRAMMING, THERAPEUTIC SUPPORT, COMMUNITY SERVICE, OR
 vocational education, AND ANY training  or  work  assignments  THAT  THE
 DEPARTMENT  MADE  AVAILABLE TO THE INCARCERATED INDIVIDUAL, [therapy and
 interactions with] AND STATEMENTS OF SUPPORT FROM staff, VOLUNTEERS  and
 OTHER  incarcerated individuals; (ii) [performance, if any, as a partic-
 ipant in a temporary release program;  (iii)]  release  plans  including
 SUPPORT  FROM FAMILY MEMBERS AND community [resources] NETWORKS, employ-
 ment, [education]  EDUCATIONAL  and  training  OPPORTUNITIES,  CLINICAL,
 THERAPEUTIC  AND OTHER REENTRY SERVICES, and ANY OTHER AVAILABLE support
 services [available to the incarcerated  individual;  (iv)];  (III)  any
 deportation order issued by the federal government against the incarcer-
 ated individual while in the custody of the department and any recommen-
 dation  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 INCARCERATED INDI-
 VIDUAL 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 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)] (VII) prior criminal record,  includ-
 ing  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 INDI-
 VIDUAL WILL VIOLATE THE LAW IF RELEASED AND SUCH RISK  CANNOT  BE  MITI-
 GATED  BY  PAROLE  SUPERVISION,  THE BOARD SHALL NOT BASE THEIR DETERMI-
 NATION 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, INDIVIDUALIZED,  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 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
 A. 162                              3
 
 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.
   § 2. The state board of parole 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 post-
 ed quarterly on the websites maintained by the state board of parole.
   § 3. This act shall take effect immediately.