New York S 846: Provides for the establishment of regional secondary schools

Bill Text

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S00846 Summary:

BILL NOS00846 

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SAME ASNo Same As

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SPONSORGALLIVAN

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COSPNSRHELMING, MATTERA, OBERACKER, PALUMBO, STEC, TEDISCO, WEIK

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MLTSPNSR

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Amd §259-i, Exec L; amd §440.50, CP L

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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.

Go to top S00846 Actions:

BILL NOS00846 

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01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS00846 Committee&nbspVotes:

Go to topS00846 Floor&nbspVotes:

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

Go to topS00846 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 846

 2025-2026 Regular Sessions

 IN SENATE

 (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:

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02874-01-5

 S. 846 2

 1 regarding deportation made by the commissioner of the department pursu-
 2 ant to section one hundred forty-seven of the correction law; (v) any
 3 current or prior statement made to the board by the crime victim or the
 4 victim's representative, where the crime victim is deceased or is
 5 mentally or physically incapacitated; (vi) any statement in support or
 6 opposition made to the board by a third party; (vii) the length of the
 7 determinate sentence to which the incarcerated individual would be
 8 subject had [he or she] such incarcerated individual received a sentence
 9 pursuant to section 70.70 or section 70.71 of the penal law for a felony
 10 defined in article two hundred twenty or article two hundred twenty-one
 11 of the penal law; [(vii)] (viii) the seriousness of the offense with due
 12 consideration to the type of sentence, length of sentence and recommen-
 13 dations of the sentencing court, the district attorney, the attorney for
 14 the incarcerated individual, the pre-sentence probation report as well
 15 as consideration of any mitigating and aggravating factors, and activ-
 16 ities following arrest prior to confinement; and [(viii)] (ix) prior
 17 crim