S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    321
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO, MATTERA, OBERACKER, PALUMBO,
   RHOADS, 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] THEY will
 live  and  remain at liberty without violating 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 consid-
 ered: (i) the institutional record including program  goals  and  accom-
 plishments,  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  including  community  resources,
 employment, education and training and support services available to the
 incarcerated individual; (iv) any deportation order issued by the feder-
 al  government  against the incarcerated individual while in the custody
 of the department and any recommendation regarding deportation  made  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01175-01-5
 S. 321                              2
 
 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 incapac-
 itated;  (vi) the length of the determinate sentence to which the incar-
 cerated individual would be subject had [he  or  she]  THEY  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 recom-
 mendations  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
 activities following arrest prior to confinement; and (viii) prior crim-
 inal record, including the nature and pattern of offenses, adjustment to
 any previous probation or parole supervision and institutional  confine-
 ment.  The  board  shall  provide  toll  free telephone access for crime
 victims. In the case of an oral statement made in accordance with subdi-
 vision 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.   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.