New York A 4452: Relates to the use of risk and needs principles in parole decisions

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4452
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. O'DONNELL, WEPRIN -- read once and referred to
the Committee on Correction
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 section 38-b of subpart A of part C of chapter 62 of the laws
3 of 2011, is amended to read as 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 [ ] members of the state board ofassist shall be used by
9 parole in determining which inmates may be released to parole super-
10 vision. Such principles shall provide the basis upon which the board
11 shall determine if there is a reasonable probability that, if such
12 inmate is released, he or she will live and remain at liberty without
13 violating the law. Procedures which incorporate risk and needs princi-
14 ples shall include, but shall not be limited to, a risk and needs
15 assessment prepared pursuant to section one hundred twelve of the
16 correction law or other validated risk and needs assessment instrument
17 adopted by the board to determine whether or not an inmate is likely to
18 re-offend upon release from incarceration. Such risk and needs assess-
19 ment shall comprise presumptive evidence of the inmate's risk of re-of-
20 fense. Should the board choose to override such risk and needs assess-
21 ment in deciding whether or not an inmate will live and remain at
22 liberty without violating the law, its decision must provide a detailed,
23 individualized and nonconclusory statement as to its reasons for depart-
24 ing from the risk and needs assessment findings which shall be subject
25 to judicial review. Such override decision shall not be based solely on
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD08248-01-1

A. 4452 2
1 information relating to the instant offense and/or the pre-sentencing
2 report for such offense. Pursuant to subdivision eleven of this section,
3 the board shall amend the rules and regulations for the conduct of its
4 ;work to reflect the procedures established by this subdivision
5 § 2. Section 259-e of the executive law, as amended by chapter 473 of
6 the laws of 2016, is amended to read as follows:
7 § 259-e. Institutional parole services. The department shall1.
8 provide institutional parole services. Such services shall include prep-
9 aration of reports and other data requiredrisk and needs assessments,
10 by the state board of parole in the exercise of its functions with
11 respect to release on presumptive release, parole, conditional release
12 or post-release supervision of inmates. Additionally, the department
13 shall determine which inmates are in need of a deaf language interpreter
14 or an English language interpreter, and shall inform the board of such
15 need within a reasonable period of time prior to an inmate's scheduled
16 appearance before the board. Employees of the department who collect
17 data, interview inmates and prepare reports for the state board of
18 parole in institutions under the jurisdiction of the department shall
19 work under the direct supervision of the deputy commissioner of the
20 department in charge of program services. Data and reports submitted to
21 the board shall address the statutory factors to be considered by the
22 board pursuant to the relevant provisions of section two hundred fifty-
23 nine-i of this article.
24 2. Two months prior to a parole board appearance, an inmate shall be
25 permitted to review his or her risk and needs assessment, reports and
26 any other non-confidential documents to be given to the board with the
27 department employee charged with preparing such assessment, reports and
28 documents, and may ask for any such assessment, report or document
29 prepared by the department to be corrected if it contains factual
30 mistakes or other errors. The department shall immediately review the
31 inmate's records and any evidence offered in support of the inmate's
32 contention that there is a factual mistake or other error in his or her
33 records. Upon confirmation that such mistake or error has been made,
34 the department shall immediately correct such mistake or error prior to
35 submitting such assessment, record or document to the board. If the
36 department decides not to correct an alleged mistake or error, the
37 inmate shall be notified of his or her right to submit evidence about
38 any uncorrecte