BILL NUMBER: S3552

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
parole board accountability act.

 
PURPOSE:

This bill would establish the parole board accountability act.

 
SUMMARY OF PROVISIONS:

Section 1 Short title. This act shall be known as the "parole board
accountability act."

Section 2 amends the executive law by adding a new section 259-u, Parole
board accountability. Where the board votes that an incarcerated indi-
vidual be released on parole, but such vote is not unanimous, the
department shall direct such releasee be released to a shelter, halfway
house, or a transitional residential facility in the community of one of
              

the two board members who voted in favor of the releasee primarily
reside.

The commissioner shall rely on a publicly available via live stream on
the department's website coin flip to determine which of the two board
member's communities the releasee shall be released to.

Upon the result of the coin flip, the department shall place such
releases in a shelter, halfway house, or a transitional residential
facility that is geographically closest to the board member's primary
residence who was choses based on the coin flip outcome.

Section 3 This act shall take effect immediately.

 
JUSTIFICATION:

Edward Kindt, a New York resident convicted at age 15 for the 1999 Moth-
er's Day rape and murder of Penny Brown, a 39-year-old mother, has been
released from prison without being added to the sex offender registry.
Kindt ambushed Brown, a married mother of two and a nurse, while she was
jogging with her two dogs in upstate Salamanca. After serving only 24
years, Kindt was released by the New York State Parole Board. Initially
turned away from multiple counties due to residents' objections, Kindt
was placed in Poughkeepsie, nowhere near the members that voted in favor
of his release.

Kindt had interviewed with the Parole Board in February 2023 after being
denied parole several times, but his last request was granted, and the
members voted 2-1 to set the murderer free. He became a free man at the
age of 39, the same age Brown was when she was killed.

Recently, Kindt escaped custody of his supervised transitional housing
in Dutchess County and returned to Salamanca in Cattaraugus County.
This is the second time he has violated his parole since being released
by the Parole Board. In returning to Salamanca, he also violated the
order of the Seneca Nation banning him from their nation for at least
one year. The state's Division of Parole failed to notify authorities of
his escape until six days after he had absconded, a situation which put
the community unknowingly at risk.

Kindt should not have been released from prison, particularly not in
Poughkeepsie. He should have been denied parole and remained incarcerat-
ed where he belongs. The Board members who voted in favor of his release
should be held accountable for their actions, highlighting the need for
this legislation.

This piece of legislation would establish the "parole board accountabil-
ity act" which holds board members accountable for their decisions when
voting on an incarcerated individual's release.

This legislation is necessary to ensure that if a parole decision is not
unanimous, the released individual is placed in the community of one of
the members who voted in favor of the release. This direct connection
between the incarcerated individual and the parole board members who
voted in favor of their release creates a personal stake for board
members in the outcomes of their decisions. By doing this board members
are encouraged to be more thoughtful and responsible when voting.

Placing released incarcerated individuals in the communities of the
board members who supported their release addresses community concerns
about the impact parole board members have on local safety and
resources. Members need to have complete confidence in their decision to
reintegrate these incarcerated individuals.

Further, by mandating that the decision of where to place the release is
publicly available live-streamed coin flip, makes the process transpar-
ent. This openness helps build public trust in our parole board process,
demonstrating that decisions are made fairly and without bias.

 
LEGISLATIVE HISTORY:

2024: S9872/A10655 Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.