S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2448
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 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  chapter  322  of  the  laws  of 2021, 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 incarcerated individuals may be released  to
 parole  supervision.  SUCH PRINCIPLES SHALL PROVIDE THE BASIS UPON WHICH
 THE BOARD SHALL DETERMINE IF THERE IS A REASONABLE PROBABILITY THAT,  IF
 SUCH  INCARCERATED  INDIVIDUAL IS RELEASED, SUCH PRINCIPLE WILL LIVE AND
 REMAIN AT LIBERTY WITHOUT VIOLATING THE LAW. PROCEDURES  WHICH  INCORPO-
 RATE  RISK  AND NEEDS PRINCIPLES 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  ASSESS-
 MENT  INSTRUMENT  ADOPTED  BY  THE  BOARD TO DETERMINE WHETHER OR NOT AN
 INCARCERATED INDIVIDUAL IS LIKELY TO RE-OFFEND UPON RELEASE FROM  INCAR-
 CERATION.    SUCH  RISK  AND NEEDS ASSESSMENT SHALL COMPRISE PRESUMPTIVE
 EVIDENCE OF THE INCARCERATED INDIVIDUAL'S RISK OF RE-OFFENSE. SHOULD THE
 BOARD CHOOSE TO OVERRIDE SUCH RISK  AND  NEEDS  ASSESSMENT  IN  DECIDING
 WHETHER OR NOT AN INCARCERATED INDIVIDUAL WILL LIVE AND REMAIN AT LIBER-
 TY  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.
                                                            LBD05409-01-5
              

 A. 2448                             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 322  of
 the laws of 2021, 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 incarcerated individuals. Additionally,
 the department shall determine which  incarcerated  individuals  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 incarcerated individual's scheduled appearance before
 the board.   Employees of the department  who  collect  data,  interview
 incarcerated  individuals  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 INCARCERATED
 INDIVIDUAL SHALL BE PERMITTED TO REVIEW SUCH INDIVIDUAL'S 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 IMME-
 DIATELY REVIEW THE INCARCERATED INDIVIDUAL'S RECORDS  AND  ANY  EVIDENCE
 OFFERED  IN  SUPPORT  OF  THE  INCARCERATED INDIVIDUAL'S CONTENTION THAT
 THERE IS A FACTUAL MISTAKE OR OTHER ERROR IN SUCH INDIVIDUAL'S  RECORDS.
 UPON  CONFIRMATION THAT SUCH MISTAKE OR ERROR HAS BEEN MADE, THE DEPART-
 MENT 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 INCARCERATED
 INDIVIDUAL SHALL BE  NOTIFIED  OF  SUCH  INDIVIDUAL'S  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  INCARCERATED  INDIVIDUAL'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 INCARCERATED INDIVIDUAL IS SUBSEQUENT-
 LY  DENIED  PAROLE, THE INCARCERATED INDIVIDUAL 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 SUBDIVI-
 SION IS ANY MISTAKE OR ERROR THAT WORSENS THE INCARCERATED  INDIVIDUAL'S
 OVERALL SCORE ON SUCH INDIVIDUAL'S RISK AND NEEDS ASSESSMENT.
 A. 2448                             3
 
   §  3.  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]  SUCH
 INDIVIDUAL  will  live  and remain at liberty without violating the law,
 and that [his or her] SUCH INDIVIDUAL'S release is not incompatible with
 the welfare of society and will not so deprecate the seriousness of [his
 or her] SUCH INDIVIDUAL'S 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 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 individual; (iv)  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;  (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] SUCH INDIVIDUAL 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
 A. 2448                             4
 
 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.
   § 4. This act shall take effect immediately.