New York S 5085: Modifies the factors to be considered when making a parole release decision

Bill Text

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S05085 Summary:

BILL NOS05085 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §259-i, Exec L

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

Go to top S05085 Actions:

BILL NOS05085 

&nbsp

02/18/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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

Go to topS05085 Committee&nbspVotes:

Go to topS05085 Floor&nbspVotes:

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

Go to topS05085 Text:

 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