S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    189
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GALLIVAN, MATTERA, OBERACKER, PALUMBO, STEC, WEIK --
   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  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
 any recommendation regarding deportation made by the commissioner of the
 department pursuant to section one hundred forty-seven of the correction
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00198-01-3
 S. 189                              2
 
 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.