S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    846
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  HELMING,  MATTERA, OBERACKER, PALUMBO,
   STEC, TEDISCO, WEIK -- read twice and ordered printed, and when print-
   ed to be committed to  the  Committee  on  Crime  Victims,  Crime  and
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02874-01-5
 S. 846                              2
 
 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
 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-
 S. 846                              3
 
 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
 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.