New York A 2448: Relates to the use of risk and needs principles in parole decisions

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A02448 Summary:

BILL NOA02448 

&nbsp

SAME ASSAME AS S01861

&nbsp

SPONSORCruz

&nbsp

COSPNSRColton

&nbsp

MLTSPNSR

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Amd §§259-c, 259-e & 259-i, Exec L

&nbsp

Requires the use of risk and needs assessments in parole decisions; provides a process permitting incarcerated individuals to correct verifiable factual mistakes or errors in their risk and needs assessments or other non-confidential documents given the board prior to their appearances.

Go to top A02448 Actions:

BILL NOA02448 

&nbsp

01/17/2025referred to codes

01/07/2026referred to codes

Go to topA02448 Committee&nbspVotes:

Go to topA02448 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02448 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2448

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. CRUZ -- read once and referred to the Committee
 on Codes

 AN ACT to amend the executive law, in relation to the use of risk and
 needs principles in parole decisions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 4 of section 259-c of the executive law, as
 2 amended by chapter 322 of the laws of 2021, is amended to read as
 3 follows:
 4 4. establish written procedures for its use in making parole decisions
 5 as required by law. Such written procedures shall incorporate risk and
 6 needs principles to measure the rehabilitation of persons appearing
 7 before the board, the likelihood of success of such persons upon
 8 release, and [assist] shall be used by members of the state board of
 9 parole in determining which incarcerated individuals may be released to
 10 parole supervision. Such principles shall provide the basis upon which
 11 the board shall determine if there is a reasonable probability that, if
 12 such incarcerated individual is released, such principle will live and
 13 remain at liberty without violating the law. Procedures which incorpo-
 14 rate risk and needs principles shall include, but shall not be limited
 15 to, a risk and needs assessment prepared pursuant to section one hundred
 16 twelve of the correction law or other validated risk and needs assess-
 17 ment instrument adopted by the board to determine whether or not an
 18 incarcerated individual is likely to re-offend upon release from incar-
 19 ceration. Such risk and needs assessment shall comprise presumptive
 20 evidence of the incarcerated individual's risk of re-offense. Should the
 21 board choose to override such risk and needs assessment in deciding
 22 whether or not an incarcerated individual will live and remain at liber-
 23 ty without violating the law, its decision must provide a detailed,
 24 individualized and nonconclusory statement as to its reasons for depart-
 25 ing from the risk and needs assessment findings which shall be subject

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05409-01-5

 A. 2448 2

 1 to judicial review. Such override decision shall not be based solely on
 2 information relating to the instant offense and/or the pre-sentencing
 3 report for such offense. Pursuant to subdivision eleven of this section,
 4 the board shall amend the rules and regulations for the conduct of its
 5 work to reflect the procedures established by this subdivision;
 6 § 2. Section 259-e of the executive law, as amended by chapter 322 of
 7 the laws of 2021, is amended to read as follows:
 8 § 259-e. Institutional parole services. 1. The department shall
 9 provide institutional parole services. Such services shall include prep-
 10 aration of risk and needs assessments, reports and other data required
 11 by the state board of parole in the exercise of its functions with
 12 respect to release on presumptive release, parole, conditional release
 13 or post-release supervision of incarcerated individuals. Additionally,
 14 the department shall determine which incarcerated individuals are in
 15 need of a deaf language interpreter or an English language interpreter,
 16 and shall inform the board of such need within a reasonable period of
 17 time prior to an incarcerated individual's scheduled appearance