A 127: Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

  
  STATE OF NEW YORK ________________________________________________________________________ 127 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. WEPRIN, WALKER, HUNTER, CRUZ, MAMDANI, GONZALEZ- ROJAS, MITAYNES, KELLES, BURDICK, ANDERSON, MEEKS, SEPTIMO, DAVILA, ZINERMAN, RAMOS, GALLAGHER, CLARK, PEOPLES-STOKES, BICHOTTE HERMELYN, SAYEGH, LUPARDO, JACOBSON, GLICK, JACKSON, HYNDMAN, STECK, PAULIN, GIBBS, FALL, BRONSON, TAPIA, CUNNINGHAM, LUCAS, DE LOS SANTOS, SHRES- THA, RAGA, SEAWRIGHT, LEVENBERG, SHIMSKY, BORES, KIM, HEVESI, COOK, REYES, ROSENTHAL, TAYLOR, FORREST, R. CARROLL, EPSTEIN, SIMON, ALVA- REZ, LAVINE, SIMONE, ZACCARO, DILAN, CHANDLER-WATERMAN, LEE, BARRETT, BENEDETTO, DAIS, RAJKUMAR, STIRPE -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (A) of paragraph (c) of subdivision 2 of 2 section 259-i of the executive law, as amended by chapter 322 of the 3 laws of 2021, is amended to read as follows: 4 (A) [Discretionary release] Release on parole shall [not] be granted 5 [merely as a reward for good conduct or efficient performance of duties 6 while confined but after considering if there is a reasonable probabili- 7 ty that, if such incarcerated individual is released, he or she will 8 live and remain at liberty without violating the law, and that his or 9 her release is not incompatible with the welfare of society and will not 10 so deprecate the seriousness of his or her crime as to undermine respect 11 for law] to any incarcerated individual appearing before the board who 12 is eligible for release on parole, unless the parole case record demon- 13 strates there is a current and unreasonable risk the individual will 14 violate the law if released and such risk cannot be mitigated by parole 15 supervision. In making the [parole release decision] determination as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00493-01-5 
 A. 127 2 1 to whether an individual poses a current and unreasonable risk of 2 violating the law if released, the procedures adopted pursuant to subdi- 3 vision four of section two hundred fifty-nine-c of this article shall 4 require that the following be considered: (i) [the institutional record 5 including program goals and accomplishments, academic achievements,] any 6 and all evidence of rehabilitation and reform, including but not limited 7 to selection for participation in a temporary release program, partic- 8 ipation in other programming, therapeutic support, community service, or 9 vocational education, and any training or work assignments that the 10 department made available to the incarcerated individual, [therapy and 11 interactions with] and statements of support from staff, volunteers and 12 other incarcerated individuals; (ii) [performance, if any, as a partic- 13 ipant in a temporary release program; (iii)] release plans including 14 support from family members and community [resources] networks, employ- 15 ment, [education] educational and training opportunities, clinical, 16 therapeutic and other reentry services, and any other available support 17 services [available to the incarcerated individual; (iv)]; (iii) any 18 deportation order issued by the federal government against the incarcer- 19 ated individual while in the custody of the department and any recommen- 20 dation regarding deportation made by the commissioner of the department 21 pursuant to section one hundred forty-seven of the correction law; (iv) 22 the length of the determinate sentence to which the incarcerated indi- 23 vidual would be subject had such individual received a sentence pursuant 24 to section 70.70 or section 70.71 of the penal law for a felony defined 25 in article two hundred twenty or article two hundred twenty-two of the 26 penal law; (v) any current or prior statement made to the board by the 27 crime victim or the victim's representative, where the crime victim is 28 deceased or is mentally or physically incapacitated; (vi) [the length of 29 the determinate sentence to which the incarcerated individual would be 30 subject had he or she received a sentence pursuant to section 70.70 or 31 section 70.71 of the penal law for a felony defined in article two 32 hundred twenty or article two hundred twenty-one of the penal law; 33 (vii)] the seriousness of the offense with due consideration to the type 34 of sentence, length of sentence and recommendations of the sentencing 35 court, the district attorney, the attorney for the incarcerated individ- 36 ual, the pre-sentence probation report as well as consideration of any 37 mitigating and aggravating factors, and activities following arrest 38 prior to confinement; and [(viii)] (vii) prior criminal record, includ- 39 ing the nature and pattern of offenses, adjustment to any previous 40 probation or parole supervision and institutional confinement. In 41 considering whether there is a current and unreasonable risk the indi- 42 vidual will violate the law if released and such risk cannot be miti- 43 gated by parole supervision, the board shall not base their determi- 44 nation solely or primarily on any or all of the factors contained in 45 clauses (v) through (vii) of this subparagraph. The board shall explain 46 in writing in detailed, individualized, and non-conclusory terms the 47 basis for a denial of parole, including how the parole case record and 48 the enumerated factors were considered and weighed. The board shall 49 provide toll free telephone access for crime victims. In the case of an 50 oral statement made in accordance with subdivision one of section 440.50 51 of the criminal procedure law, the parole board member shall present a 52 written report of the statement to the parole board. A crime victim's 53 representative shall mean the crime victim's closest surviving relative, 54 the committee or guardian of such person, or the legal representative of 55 any such person. Such statement submitted by the victim or victim's 56 representative may include information concerning threatening or intim- 
 A. 127 3 1 idating conduct toward the victim, the victim's representative, or the 2 victim's family, made by the person sentenced and occurring after the 3 sentencing. Such information may include, but need not be limited to, 4 the threatening or intimidating conduct of any other person who or which 5 is directed by the person sentenced. Any statement by a victim or the 6 victim's representative made to the board shall be maintained by the 7 department in the file provided to the board when interviewing the 8 incarcerated individual in consideration of release. A victim or 9 victim's representative who has submitted a written request to the 10 department for the transcript of such interview shall be provided such 11 transcript as soon as it becomes available. 12 § 2. The state board of parole shall report quarterly in writing to 13 the governor, the temporary president of the senate, the minority leader 14 of the senate, the speaker of the assembly, the minority leader of the 15 assembly, and to the chairpersons of the assembly committee on 16 correction and the senate committee on crime victims, crime and 17 correction on denials of parole. Written reports shall include the 18 number of individuals denied parole release each month, the articulated 19 reasons for each denial, the assigned commissioners in each case and a 20 record of their votes, and demographic information on each applicant 21 denied including race, sex, facility, and crime of conviction. Reports 22 shall exclude information that would identify the individual. Reports 23 required by this section shall be made available to the public and post- 24 ed quarterly on the websites maintained by the state board of parole. 25 § 3. This act shall take effect immediately.