A 3523: Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.

  
  STATE OF NEW YORK ________________________________________________________________________ 3523 2025-2026 Regular Sessions  IN ASSEMBLY January 28, 2025 ___________ Introduced by M. of A. JONES -- read once and referred to the Committee on 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: 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 on parole shall not be granted merely as a 5 reward for good conduct or efficient performance of duties while 6 confined but after considering if there is a reasonable probability 7 that, if such incarcerated individual is released, [he or she] such 8 incarcerated individual will live and remain at liberty without violat- 9 ing the law, and that [his or her] their release is not incompatible 10 with the welfare of society and will not so deprecate the seriousness of 11 [his or her] their crime as to undermine respect for law. In making the 12 parole release decision, the procedures adopted pursuant to subdivision 13 four of section two hundred fifty-nine-c of this article shall require 14 that the following be considered: (i) the institutional record including 15 program goals and accomplishments, academic achievements, vocational 16 education, training or work assignments, therapy and interactions with 17 staff and incarcerated individuals; (ii) performance, if any, as a 18 participant in a temporary release program; (iii) release plans includ- 19 ing community resources, employment, education and training and support 20 services available to the incarcerated individual; (iv) any deportation 21 order issued by the federal government against the incarcerated individ- 22 ual while in the custody of the department and any recommendation 23 regarding deportation made by the commissioner of the department pursu- 24 ant to section one hundred forty-seven of the correction law; (v) any 25 current or prior statement made to the board by the crime victim or the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02874-01-5 
 A. 3523 2 1 victim's representative, where the crime victim is deceased or is 2 mentally or physically incapacitated; (vi) any statement in support or 3 opposition made to the board by a third party; (vii) the length of the 4 determinate sentence to which the incarcerated individual would be 5 subject had [he or she] such incarcerated individual received a sentence 6 pursuant to section 70.70 or section 70.71 of the penal law for a felony 7 defined in article two hundred twenty or article two hundred twenty-one 8 of the penal law; [(vii)] (viii) the seriousness of the offense with due 9 consideration to the type of sentence, length of sentence and recommen- 10 dations of the sentencing court, the district attorney, the attorney for 11 the incarcerated individual, the pre-sentence probation report as well 12 as consideration of any mitigating and aggravating factors, and activ- 13 ities following arrest prior to confinement; and [(viii)] (ix) prior 14 criminal record, including the nature and pattern of offenses, adjust- 15 ment to any previous probation or parole supervision and institutional 16 confinement. The board shall provide toll free telephone access for 17 crime victims. In the case of an oral statement made in accordance with 18 subdivision one of section 440.50 of the criminal procedure law, the 19 parole board member shall present a written report of the statement to 20 the parole board. A crime victim's representative shall mean the crime 21 victim's closest surviving relative, the committee or guardian of such 22 person, or the legal representative of any such person. Such statement 23 submitted by the victim or victim's representative may include informa- 24 tion concerning threatening or intimidating conduct toward the victim, 25 the victim's representative, or the victim's family, made by the person 26 sentenced and occurring after the sentencing. Such information may 27 include, but need not be limited to, the threatening or intimidating 28 conduct of any other person who or which is directed by the person 29 sentenced. Any statement by a victim or the victim's representative made 30 to the board shall be maintained by the department in the file provided 31 to the board when interviewing the incarcerated individual in consider- 32 ation of release. A victim or victim's representative who has submitted 33 a written request to the department for the transcript of such interview 34 shall be provided such transcript as soon as it becomes available. 35 § 2. Subparagraph (B) of paragraph (c) of subdivision 2 of section 36 259-i of the executive law, as amended by chapter 322 of the laws of 37 2021, is amended to read as follows: 38 (B) Where a crime victim or victim's representative as defined in 39 subparagraph (A) of this paragraph, [or other person] submits to the 40 parole board a written statement concerning the release of an incarcer- 41 ated individual, such statement shall be deemed confidential and shall 42 only be made available to the parole board [shall keep that individual's 43 name and address confidential] for use in rendering parole decisions. 44 § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as 45 amended by chapter 322 of the laws of 2021, is amended to read as 46 follows: 47 1. Upon the request of a victim of a crime, or in any event in all 48 cases in which the final disposition includes a conviction of a violent 49 felony offense as defined in section 70.02 of the penal law, a felony 50 defined in article one hundred twenty-five of such law, or a felony 51 defined in article one hundred thirty of such law, the district attorney 52 shall, within sixty days of the final disposition of the case, inform 53 the victim by letter of such final disposition. If such final disposi- 54 tion results in the commitment of the defendant to the custody of the 55 department of corrections and community supervision for an indeterminate 56 sentence, the notice provided to the crime victim shall also inform the 
 A. 3523 3 1 victim of [his or her] the right to submit a written, audiotaped, or 2 videotaped victim impact statement to the department of corrections and 3 community supervision or to meet personally with a member of the state 4 board of parole at a time and place separate from the personal interview 5 between a member or members of the board and the incarcerated individual 6 and make such a statement, subject to procedures and limitations 7 contained in rules of the board, both pursuant to subdivision two of 8 section two hundred fifty-nine-i of the executive law. Such notice shall 9 inform the victim that a written, audiotaped, or videotaped victim 10 impact statement shall be deemed confidential and shall only be made 11 available to the state board of parole for use in rendering parole deci- 12 sions. A copy of such letter shall be provided to the board of parole. 13 The right of the victim under this subdivision to submit a [written] 14 victim impact statement or to meet personally with a member of the state 15 board of parole applies to each personal interview between a member or 16 members of the board and the incarcerated individual. 17 § 4. This act shall take effect on the ninetieth day after it shall 18 have become a law. Effective immediately, the addition, amendment and/or 19 repeal of any rule or regulation necessary for the implementation of 20 this act on its effective date are authorized to be made and completed 21 on or before such effective date.