S 5085: Modifies the factors to be considered when making a parole release decision; updates the term "inmate" to "incarcerated person".

  
  STATE OF NEW YORK ________________________________________________________________________ 5085 2025-2026 Regular Sessions  IN SENATE February 18, 2025 ___________ Introduced by Sen. SEPULVEDA -- 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 modifying the factors to be considered when making a parole release decision 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] such incarcerated individual's 10 release is not incompatible with the welfare of society and will not so 11 deprecate the seriousness of [his or her] such incarcerated individual's 12 crime as to undermine respect for law. In making the parole release 13 decision, the procedures adopted pursuant to subdivision four of section 14 two hundred fifty-nine-c of this article shall require that the follow- 15 ing be considered: (i) the institutional record including program goals 16 and accomplishments, academic achievements, vocational education, train- 17 ing or work assignments, therapy and interactions with staff and incar- 18 cerated individuals; (ii) performance, if any, as a participant in a 19 temporary release program; (iii) release plans including community 20 resources, employment, education and training and support services 21 available to the incarcerated individual; (iv) any deportation order 22 issued by the federal government against the incarcerated individual 23 while in the custody of the department and any recommendation regarding 24 deportation made by the commissioner of the department pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09693-01-5 
 S. 5085 2 1 section one hundred forty-seven of the correction law; (v) any current 2 or prior statement made to the board by the crime victim or the victim's 3 representative, where the crime victim is deceased or is mentally or 4 physically incapacitated; (vi) the length of the determinate sentence to 5 which the incarcerated individual would be subject had [he or she] such 6 incarcerated individual received a sentence pursuant to section 70.70 or 7 section 70.71 of the penal law for a felony defined in article two 8 hundred twenty [or article two hundred twenty-one] of the penal law; 9 (vii) the [seriousness of the offense with due consideration to the type 10 of sentence, length of sentence and] recommendations of the sentencing 11 court, the district attorney, the attorney for the incarcerated individ- 12 ual, the pre-sentence probation report as well as consideration of any 13 mitigating and aggravating factors[, and activities following arrest 14 prior to confinement]; and (viii) prior criminal record, including the 15 nature and pattern of offenses, adjustment to any previous probation or 16 parole supervision and institutional confinement. The board shall 17 provide toll free telephone access for crime victims. In the case of an 18 oral statement made in accordance with subdivision one of section 440.50 19 of the criminal procedure law, the parole board member shall present a 20 written report of the statement to the parole board. A crime victim's 21 representative shall mean the crime victim's closest surviving relative, 22 the committee or guardian of such person, or the legal representative of 23 any such person. Such statement submitted by the victim or victim's 24 representative may include information concerning threatening or intim- 25 idating conduct toward the victim, the victim's representative, or the 26 victim's family, made by the person sentenced and occurring after the 27 sentencing. Such information may include, but need not be limited to, 28 the threatening or intimidating conduct of any other person who or which 29 is directed by the person sentenced. Any statement by a victim or the 30 victim's representative made to the board shall be maintained by the 31 department in the file provided to the board when interviewing the 32 incarcerated individual in consideration of release. A victim or 33 victim's representative who has submitted a written request to the 34 department for the transcript of such interview shall be provided such 35 transcript as soon as it becomes available. 36 § 2. This act shall take effect immediately.