S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3523
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on 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] SUCH
 INCARCERATED INDIVIDUAL will live and remain at liberty without  violat-
 ing  the  law,  and  that [his or her] THEIR release is not incompatible
 with the welfare of society and will not so deprecate the seriousness of
 [his or her] THEIR 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 achievements, vocational
 education, training or work assignments, therapy and  interactions  with
 staff  and  incarcerated  individuals;  (ii)  performance,  if any, as a
 participant in a temporary release program; (iii) release plans  includ-
 ing  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 incarcerated individ-
 ual  while  in  the  custody  of  the  department and any recommendation
 regarding deportation made by the commissioner of the department  pursu-
 ant  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02874-01-5
              

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 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] SUCH INCARCERATED 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)] (VIII) the seriousness of the offense with due
 consideration  to the type of sentence, length of sentence and recommen-
 dations of the sentencing court, the district attorney, the attorney for
 the incarcerated individual, the pre-sentence probation report  as  well
 as  consideration  of any mitigating and aggravating factors, and activ-
 ities following arrest prior to confinement;  and  [(viii)]  (IX)  prior
 criminal  record,  including the nature and pattern of offenses, adjust-
 ment 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  informa-
 tion  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 consider-
 ation 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
 sentence,  the notice provided to the crime victim shall also inform the
 A. 3523                             3
 
 victim of [his or her] THE right to submit  a  written,  audiotaped,  or
 videotaped  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.