S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3652
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the executive law, in relation to modifying  the  proce-
   dure  for  interviews  of  parole  applicants and to the disclosure of
   parole applicant records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 2 of section 259-i of the
 executive law, as amended by chapter 322 of the laws of  2021,  subpara-
 graph  (i)  as amended by section 14 of chapter 486 of the laws of 2022,
 is amended to read as follows:
   (a) (i) Except as provided in subparagraph (ii) of this paragraph,  at
 least  [one month] THREE MONTHS prior to the date on which an [incarcer-
 ated individual] A PAROLE APPLICANT may be paroled pursuant to  subdivi-
 sion  one  of  section  70.40  of  the penal law, a member or members as
 determined by the rules of the board  shall  personally  interview  such
 [incarcerated  individual] PAROLE APPLICANT and determine whether [he or
 she]  SUCH PAROLE APPLICANT should be paroled  in  accordance  with  the
 [guidelines]  PROCEDURES adopted pursuant to subdivision four of section
 two hundred fifty-nine-c of this article.    THE  INTERVIEW  SHALL  TAKE
 PLACE  WITH ALL PARTIES PRESENT IN THE SAME ROOM. THE INTERVIEW SHALL BE
 RECORDED AUDIO-VISUALLY AND THIS RECORDING SHALL BE  MADE  AVAILABLE  TO
 THE  BOARD  AND THE PAROLE APPLICANT OR THE PAROLE APPLICANT'S REPRESEN-
 TATIVE ONLY. AT LEAST ONE MONTH  PRIOR  TO  THE  PAROLE  HEARING  PAROLE
 APPLICANTS  SHALL  BE  PROVIDED  THE OPPORTUNITY TO REVIEW ALL DOCUMENTS
 CONTAINED IN THEIR PAROLE FILE OR THAT OTHERWISE WILL BE MADE  AVAILABLE
 FOR  THE BOARD'S DISCRETIONARY RELEASE CONSIDERATION. NO DOCUMENTS SHALL
 BE CONSIDERED CONFIDENTIAL EXCEPT AS PROVIDED  IN  SUBPARAGRAPH  (I)  OF
 PARAGRAPH  (C)  OF THIS SUBDIVISION.   RECORDS CONCERNING OR RELATING TO
 THE MENTAL HEALTH EXAMINATION OR TREATMENT OF THE PAROLE APPLICANT SHALL
 BE DISCLOSED UNLESS, IN ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07151-01-5
              

 A. 3652                             2
 
 FORTH IN SECTION 33.16 OF THE MENTAL HYGIENE LAW, IT IS DETERMINED BY  A
 MENTAL  HEALTH  PRACTITIONER  THAT  SUCH  DISCLOSURE  CAN  REASONABLY BE
 EXPECTED TO CAUSE SUBSTANTIAL AND IDENTIFIABLE HARM TO THE PAROLE APPLI-
 CANT  OR OTHERS AND THAT THIS HARM WOULD OUTWEIGH THE PAROLE APPLICANT'S
 RIGHT OF ACCESS TO THE RECORD. AT LEAST THIRTY DAYS  BEFORE  THE  PAROLE
 HEARING,  IF  REQUESTED  BY THE VICTIM, AS THE TERM VICTIM IS DEFINED IN
 SUBDIVISION TWO OF SECTION 380.50 OF THE  CRIMINAL  PROCEDURE  LAW,  THE
 FOLLOWING  INFORMATION  SHALL BE PROVIDED TO THE VICTIM, OR THE VICTIM'S
 REPRESENTATIVE:   INCARCERATED INDIVIDUAL STATUS  REPORTS;  INCARCERATED
 INDIVIDUAL'S  PSYCHIATRIC EVALUATION, IF THERE IS ONE AVAILABLE AND ONLY
 UPON CONSENT OF THE PAROLE APPLICANT; AND A COPY OF  THE  PAROLE  APPLI-
 CANT'S  "PAROLE  RELEASE  PLAN"  IN THE EVENT THAT THE APPLICANT SUBMITS
 ONE. If parole is not granted upon such review, the [incarcerated  indi-
 vidual]  BOARD WILL BE REQUIRED TO STATE IN DETAIL AND NOT IN CONCLUSORY
 TERMS THE FACTORS AND REASONS FOR THE DENIAL AND THE  SPECIFIC  REQUIRE-
 MENTS  FOR  ACTIONS  TO  BE  TAKEN,  PROGRAMS  OR  ACCOMPLISHMENTS TO BE
 COMPLETED, OR CHANGES IN PERFORMANCE OR CONDUCT TO BE MADE,  OR  CORREC-
 TIVE  ACTION  OR  ACTIONS  TO  BE  TAKEN, IN ORDER TO QUALIFY FOR PAROLE
 RELEASE. THE BOARD SHALL SPECIFY A DATE NOT MORE THAN TWENTY-FOUR MONTHS
 FROM SUCH DETERMINATION FOR RECONSIDERATION. THE PAROLE APPLICANT  shall
 be  informed  in  writing  within  two  weeks  of such appearance of the
 factors and reasons for such denial of parole[. Such  reasons  shall  be
 given  in  detail and not in conclusory terms. The board shall specify a
 date not more than twenty-four months from such determination for recon-
 sideration, and the procedures to be followed upon reconsideration shall
 be the same] AND THE SPECIFIC REQUIREMENTS AND SHALL BE PROVIDED WITH  A
 COPY  OF  THE  SCORED RISK AND NEEDS ASSESSMENT INSTRUMENT CONSIDERED BY
 THE BOARD. WITHIN NINETY DAYS OF THE HEARING  DECISION,  THE  DEPARTMENT
 SHALL PROVIDE TO THE PAROLE APPLICANT ACCESS TO THE PROGRAM OR PROGRAMS,
 ACTIVITIES  AND/OR FACILITIES NEEDED IN ORDER TO PROVIDE THE OPPORTUNITY
 TO FULFILL THE REQUIREMENTS SET FORTH BY THE BOARD. THE PAROLE APPLICANT
 SHALL BE SCHEDULED FOR A REAPPEARANCE BEFORE THE BOARD  UPON  COMPLETION
 OF  THE  SPECIFIC  REQUIREMENTS  AS PREVIOUSLY SET FORTH BY THE BOARD IF
 SUCH COMPLETION OCCURS SOONER THAN THE DATE SPECIFIED BY THE  BOARD.  IF
 THE REQUIREMENTS PREVIOUSLY SET FORTH BY THE BOARD HAVE BEEN SUCCESSFUL-
 LY  COMPLETED  AND  THE PAROLE APPLICANT'S INSTITUTIONAL RECORD HAS BEEN
 SATISFACTORY DURING THE TIME BETWEEN THE  PREVIOUS  AND  CURRENT  PAROLE
 HEARING,  RELEASE  SHALL  BE GRANTED.   If the [incarcerated individual]
 PAROLE APPLICANT is released, [he or she] SUCH PAROLE APPLICANT shall be
 given a copy of the conditions of parole.  Such conditions  shall  where
 appropriate,  include  a  requirement  that  the parolee comply with any
 restitution order, mandatory surcharge, sex  offender  registration  fee
 and  DNA  databank fee previously imposed by a court of competent juris-
 diction that applies to the parolee. The conditions shall indicate which
 restitution collection agency established  under  subdivision  eight  of
 section  420.10  of the criminal procedure law, shall be responsible for
 collection of restitution, mandatory surcharge, sex  offender  registra-
 tion  fees and DNA databank fees as provided for in section 60.35 of the
 penal law and section eighteen hundred nine of the vehicle  and  traffic
 law.  If the [incarcerated individual] PAROLE APPLICANT is released, [he
 or she] SUCH PAROLE APPLICANT shall also be  notified  in  writing  that
 [his or her] THEIR voting rights will be restored upon release.
   (ii)  Any  [incarcerated individual] PAROLE APPLICANT who is scheduled
 for presumptive release pursuant to section eight  hundred  six  of  the
 correction law shall not appear before the board as provided in subpara-
 graph  (i)  of  this  paragraph  unless such [incarcerated individual's]
 A. 3652                             3
 
 PAROLE APPLICANT'S scheduled presumptive release is forfeited, canceled,
 or rescinded subsequently as provided in such law.  In such  event,  the
 [incarcerated individual] PAROLE APPLICANT shall appear before the board
 for  release consideration as provided in subparagraph (i) of this para-
 graph as soon thereafter as is practicable.
   § 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended  by  section 15 of chapter 486 of the laws of 2022, is
 amended to read as follows:
   (a) At least [one month] THREE MONTHS prior to the expiration  of  the
 minimum period or periods of imprisonment fixed by the court or board, a
 member  or  members  as  determined  by  the  rules  of  the board shall
 personally interview [an incarcerated  individual]  A  PAROLE  APPLICANT
 serving an indeterminate sentence and determine whether [he or she] SUCH
 PAROLE  APPLICANT  should  be  paroled  at the expiration of the minimum
 period or periods in accordance with the procedures adopted pursuant  to
 subdivision  four  of  section two hundred fifty-nine-c of this article.
 THE INTERVIEW SHALL TAKE PLACE WITH ALL  PARTIES  PRESENT  IN  THE  SAME
 ROOM.  THE INTERVIEW SHALL BE RECORDED AUDIO-VISUALLY AND THIS RECORDING
 SHALL BE MADE AVAILABLE TO THE BOARD AND THE  PAROLE  APPLICANT  OR  THE
 PAROLE  APPLICANT'S REPRESENTATIVE ONLY. AT LEAST ONE MONTH PRIOR TO THE
 PAROLE HEARING PAROLE APPLICANTS SHALL BE PROVIDED  THE  OPPORTUNITY  TO
 REVIEW  ALL  DOCUMENTS  CONTAINED IN THEIR PAROLE FILE OR THAT OTHERWISE
 WILL BE MADE AVAILABLE FOR THE BOARD'S DISCRETIONARY  RELEASE  CONSIDER-
 ATION.  NO DOCUMENTS SHALL BE CONSIDERED CONFIDENTIAL EXCEPT AS PROVIDED
 IN SUBPARAGRAPH (I)  OF  PARAGRAPH  (C)  OF  THIS  SUBDIVISION.  RECORDS
 CONCERNING  OR RELATING TO THE MENTAL HEALTH EXAMINATION OR TREATMENT OF
 THE PAROLE APPLICANT SHALL BE DISCLOSED UNLESS, IN ACCORDANCE  WITH  THE
 STANDARDS  AND  PROCEDURES  SET  FORTH  IN  SECTION  33.16 OF THE MENTAL
 HYGIENE LAW, IT IS DETERMINED BY A MENTAL HEALTH PRACTITIONER THAT  SUCH
 DISCLOSURE CAN REASONABLY BE EXPECTED TO CAUSE SUBSTANTIAL AND IDENTIFI-
 ABLE  HARM  TO  THE  PAROLE APPLICANT OR OTHERS AND THAT THIS HARM WOULD
 OUTWEIGH THE PAROLE APPLICANT'S RIGHT OF ACCESS TO THE RECORD. AT  LEAST
 THIRTY  DAYS  BEFORE  THE PAROLE HEARING, IF REQUESTED BY THE VICTIM, AS
 THE TERM VICTIM IS DEFINED IN SUBDIVISION TWO OF SECTION 380.50  OF  THE
 CRIMINAL  PROCEDURE  LAW, THE FOLLOWING INFORMATION SHALL BE PROVIDED TO
 THE VICTIM, OR  THE  VICTIM'S  REPRESENTATIVE:  INCARCERATED  INDIVIDUAL
 STATUS  REPORTS;  INCARCERATED  INDIVIDUAL'S  PSYCHIATRIC EVALUATION, IF
 THERE IS ONE AVAILABLE AND ONLY UPON CONSENT OF  THE  PAROLE  APPLICANT;
 AND  A COPY OF THE PAROLE APPLICANT'S "PAROLE RELEASE PLAN" IN THE EVENT
 THAT THE APPLICANT SUBMITS ONE. If  parole  is  not  granted  upon  such
 review, the [incarcerated individual] BOARD WILL BE REQUIRED TO STATE IN
 DETAIL  AND  NOT  IN  CONCLUSORY  TERMS  THE FACTORS AND REASONS FOR THE
 DENIAL AND THE SPECIFIC REQUIREMENTS FOR ACTIONS TO BE  TAKEN,  PROGRAMS
 OR ACCOMPLISHMENTS TO BE COMPLETED, OR CHANGES IN PERFORMANCE OR CONDUCT
 TO  BE  MADE,  OR  CORRECTIVE ACTION OR ACTIONS TO BE TAKEN, IN ORDER TO
 QUALIFY FOR PAROLE RELEASE. THE BOARD SHALL SPECIFY A DATE NOT MORE THAN
 TWENTY-FOUR MONTHS FROM  SUCH  DETERMINATION  FOR  RECONSIDERATION.  THE
 PAROLE  APPLICANT  shall be informed in writing within two weeks of such
 appearance of the factors and reasons for such denial of  parole[.  Such
 reasons  shall be given in detail and not in conclusory terms. The board
 shall specify a date not more than twenty-four months from such determi-
 nation for reconsideration, and  the  procedures  to  be  followed  upon
 reconsideration  shall  be  the  same] AND THE SPECIFIC REQUIREMENTS AND
 SHALL BE PROVIDED WITH A COPY OF THE SCORED RISK  AND  NEEDS  ASSESSMENT
 INSTRUMENT  CONSIDERED  BY  THE BOARD. WITHIN NINETY DAYS OF THE HEARING
 DECISION, THE DEPARTMENT SHALL PROVIDE TO THE PAROLE APPLICANT ACCESS TO
 A. 3652                             4

 THE PROGRAM OR PROGRAMS, ACTIVITIES AND/OR FACILITIES NEEDED IN ORDER TO
 PROVIDE THE OPPORTUNITY TO FULFILL THE REQUIREMENTS  SET  FORTH  BY  THE
 BOARD. THE PAROLE APPLICANT SHALL BE SCHEDULED FOR A REAPPEARANCE BEFORE
 THE BOARD UPON COMPLETION OF THE SPECIFIC REQUIREMENTS AS PREVIOUSLY SET
 FORTH BY THE BOARD IF SUCH COMPLETION OCCURS SOONER THAN THE DATE SPECI-
 FIED BY THE BOARD. IF THE REQUIREMENTS PREVIOUSLY SET FORTH BY THE BOARD
 HAVE  BEEN  SUCCESSFULLY  COMPLETED  AND THE PAROLE APPLICANT'S INSTITU-
 TIONAL RECORD HAS BEEN SATISFACTORY DURING THE TIME BETWEEN THE PREVIOUS
 AND CURRENT PAROLE HEARING, RELEASE SHALL BE GRANTED.  If the [incarcer-
 ated individual] PAROLE APPLICANT is released, [he or she]  SUCH  PAROLE
 APPLICANT shall be given a copy of the conditions of parole. Such condi-
 tions  shall  where  appropriate, include a requirement that the parolee
 comply with any restitution order  and  mandatory  surcharge  previously
 imposed  by  a court of competent jurisdiction that applies to the paro-
 lee. The conditions shall indicate which restitution  collection  agency
 established  under  subdivision  eight of section 420.10 of the criminal
 procedure law, shall be responsible for collection  of  restitution  and
 mandatory  surcharge  as  provided for in section 60.35 of the penal law
 and section eighteen hundred nine of the vehicle and traffic law. If the
 [incarcerated individual] PAROLE APPLICANT is released, [he or she] SUCH
 PAROLE APPLICANT shall also be notified in writing  that  [his  or  her]
 THEIR voting rights will be restored upon release.
   §  3. 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:
   (c)  [(A)]  (I) Discretionary release on parole shall [not] be granted
 [merely as a reward] for good conduct [or] AND efficient performance  of
 duties  while  confined  [but after considering if there is a reasonable
 probability], AND FOR PREPAREDNESS FOR REENTRY  AND  REINTEGRATION  INTO
 SOCIETY  THEREBY  PROVIDING A REASONABLE BASIS TO CONCLUDE that, if such
 incarcerated individual is released, [he or she] SUCH INCARCERATED INDI-
 VIDUAL will live and remain at liberty without violating  the  law,  and
 THEREFORE  that  [his  or her] SUCH INCARCERATED INDIVIDUAL'S 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] DECISION BE BASED UPON
 THE FOLLOWING CONSIDERATIONS:  [(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]  (A) PREPAREDNESS FOR REENTRY AND
 REINTEGRATION AS  EVIDENCED  BY  THE  APPLICANT'S  INSTITUTIONAL  RECORD
 PERTAINING TO PROGRAM GOALS AND ACCOMPLISHMENTS AS STATED IN THE FACILI-
 TY  PERFORMANCE  REPORTS,  ACADEMIC  ACHIEVEMENTS, VOCATIONAL EDUCATION,
 TRAINING OR WORK ASSIGNMENTS, THERAPY AND INTERACTIONS  WITH  STAFF  AND
 OTHER  SENTENCED  PERSONS, AND OTHER INDICATIONS OF PRO-SOCIAL ACTIVITY,
 CHANGE AND TRANSFORMATION; [(ii)] (B) performance, if any, as a  partic-
 ipant  in a temporary release program; [(iii)] (C) release plans includ-
 ing community resources, employment, education and training and  support
 services  available  to  the [incarcerated individual] PAROLE APPLICANT;
 [(iv)] (D) any  deportation  order  issued  by  the  federal  government
 against  the  [incarcerated  individual]  PAROLE  APPLICANT 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 law;  [(v)]  (E)  any  current  or
 A. 3652                             5
 
 prior  statement,  WHETHER  SUPPORTIVE OR CRITICAL, 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, TO ASSIST THE
 BOARD  IN  DETERMINING WHETHER AT THIS TIME THERE IS REASONABLE CAUSE TO
 BELIEVE THAT THE RELEASE OF THE PAROLE APPLICANT WOULD CREATE A  PRESENT
 DANGER  TO  THE  VICTIM OR THE VICTIM'S REPRESENTATIVE, OR THE EXTENT OF
 THE PAROLE APPLICANT'S PREPAREDNESS FOR REENTRY AND REINTEGRATION AS SET
 FORTH IN CLAUSE (A) OF THIS SUBPARAGRAPH; [(vi)] (F) 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) 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) prior criminal
 record, including the nature and pattern of offenses, adjustment to  any
 previous  probation or parole supervision and institutional confinement]
 (G)    PARTICIPATION    AND    PERFORMANCE,     IF     ANY,     IN     A
 RECONCILIATION/RESTORATIVE  JUSTICE-TYPE  CONFERENCE  WITH THE VICTIM OR
 VICTIM'S REPRESENTATIVES; (H) THE PROGRESS MADE TOWARDS  THE  COMPLETION
 OF  THE  SPECIFIC REQUIREMENTS PREVIOUSLY SET FORTH BY THE BOARD FOR THE
 PAROLE APPLICANT, IN THE CASE OF A REAPPEARANCE; AND  (I)  THE  PROGRESS
 MADE  TOWARDS ACHIEVING THE PROGRAMMING AND TREATMENT NEEDS DEVELOPED IN
 THE TRANSITIONAL ACCOUNTABILITY PLAN.  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 crimi-
 nal procedure law, the parole  board  member  shall  present  a  written
 report  of the statement to the parole board. A crime victim's represen-
 tative shall mean [the crime  victim's  closest  surviving  relative]  A
 MEMBER  OF  THE  FAMILY  OR  DOMESTIC  PARTNER OF SUCH CRIME VICTIM, the
 committee or guardian of such person, or the legal representative of any
 such person.  Such statement submitted by the victim or victim's  repre-
 sentative 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  threaten-
 ing 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  represen-
 tative  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.
   [(B)]  (II) Where a crime victim or victim's representative as defined
 in subparagraph [(A)] (I) of this paragraph, or other person submits  to
 the  parole  board  a  written  statement  concerning the release of [an
 incarcerated individual] A PAROLE APPLICANT, the parole board shall keep
 that individual's name and address confidential.   WITH  REGARD  TO  ANY
 STATEMENT  FROM  A  JUDGE OR DISTRICT ATTORNEY, THE ADDRESS, IF RESIDEN-
 TIAL, SHALL BE KEPT CONFIDENTIAL BY THE BOARD.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that the  amendments  to  paragraph
 A. 3652                             6
 
 (a)  of  subdivision  2  of  section  259-i of the executive law made by
 section one of this act shall be subject to the expiration and reversion
 of such paragraph as provided by section 74 of chapter 3 of the laws  of
 1995,  as  amended, when upon such date the provisions of section two of
 this act shall take effect.