S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4480
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  HELMING,  MATTERA, OBERACKER, PALUMBO,
   STEC, TEDISCO, WEIK -- read twice and ordered printed, and when print-
   ed to be committed to  the  Committee  on  Crime  Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to statements to the state board of 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 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.
                                                            LBD02531-01-3
              

 S. 4480                             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) ANY STATEMENT
 IN  SUPPORT  OR OPPOSITION MADE TO THE BOARD BY A THIRD PARTY; (VII) 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)] (VIII) 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  incarcer-
 ated  individual, the pre-sentence probation report as well as consider-
 ation of any mitigating and aggravating factors, and activities  follow-
 ing  arrest  prior  to  confinement;  and  [(viii)]  (IX) 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  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 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.  Subparagraph  (B)  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:
   (B)  Where  a  crime  victim  or victim's representative as defined in
 subparagraph (A) of this paragraph, [or other  person]  submits  to  the
 parole  board a written statement concerning the release of an incarcer-
 ated individual, SUCH STATEMENT SHALL BE DEEMED CONFIDENTIAL  AND  SHALL
 ONLY BE MADE AVAILABLE TO the parole board [shall keep that individual's
 name and address confidential] FOR USE IN RENDERING PAROLE DECISIONS.
   § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   1. Upon the request of a victim of a crime, or in  any  event  in  all
 cases  in which the final disposition includes a conviction of a violent
 felony offense as defined in section 70.02 of the penal  law,  a  felony
 defined  in  article  one  hundred  twenty-five of such law, or a felony
 defined in article one hundred thirty of such law, the district attorney
 shall, within sixty days of the final disposition of  the  case,  inform
 the  victim  by letter of such final disposition. If such final disposi-
 tion results in the commitment of the defendant to the  custody  of  the
 department of corrections and community supervision for an indeterminate
 S. 4480                             3
 
 sentence,  the notice provided to the crime victim shall also inform the
 victim of his or her right to submit a  written,  audiotaped,  or  vide-
 otaped  victim  impact  statement  to  the department of corrections and
 community  supervision  or to meet personally with a member of the state
 board of parole at a time and place separate from the personal interview
 between a member or members of the board and the incarcerated individual
 and make  such  a  statement,  subject  to  procedures  and  limitations
 contained  in  rules  of  the board, both pursuant to subdivision two of
 section two hundred fifty-nine-i of the executive law. SUCH NOTICE SHALL
 INFORM THE VICTIM THAT  A  WRITTEN,  AUDIOTAPED,  OR  VIDEOTAPED  VICTIM
 IMPACT  STATEMENT  SHALL  BE  DEEMED CONFIDENTIAL AND SHALL ONLY BE MADE
 AVAILABLE TO THE STATE BOARD OF PAROLE FOR USE IN RENDERING PAROLE DECI-
 SIONS. A copy of such letter shall be provided to the board  of  parole.
 The  right  of  the  victim under this subdivision to submit a [written]
 victim impact statement or to meet personally with a member of the state
 board of parole applies to each personal interview between a  member  or
 members of the board and the incarcerated individual.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.