New York A 4353: Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4353
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. AUBRY, HEVESI, MOSLEY, ORTIZ, SEPULVEDA, PERRY,
BARRETT, RODRIGUEZ, BARRON -- Multi-Sponsored by -- M. of A. ARROYO,
CRESPO, FAHY, FARRELL, GOTTFRIED, McDONALD, MONTESANO, O'DONNELL,
SIMON, SKARTADOS, THIELE -- read once and referred to the Committee on
Correction
AN ACT to amend the executive law, in relation to modifying the proce-
dure for interviews of parole applicants and to the disclosure of
parole applicant records
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 259-i of the
2 executive law, as amended by section 38-f-1 of subpart A of part C of
3 chapter 62 of the laws of 2011, is amended to read as follows:
4 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
5 least [ ] prior to the date on which [ ] one month three months an inmate a
6 may be paroled pursuant to subdivision one of sectionparole applicant
7 70.40 of the penal law, a member or members as determined by the rules
8 of the board shall personally interview such [ ] inmate parole applicant
9 and determine whether he should be paroled in accordance with theor she
10 [ ] adopted pursuant to subdivision four of sectionguidelines procedures
11 two hundred fifty-nine-c of this article. The interview shall take
12 place with all parties present in the same room. The interview shall be
13 recorded audio-visually and this recording shall be made available to
14 the board and the parole applicant or the parole applicant's represen-
15 tative only. At least one month prior to the parole hearing parole
16 applicants shall be provided the opportunity to review all documents
17 contained in their parole file or that otherwise will be made available
18 for the board's discretionary release consideration. No documents shall
19 be considered confidential except as provided in subparagraph (i) of
20 paragraph (c) of this subdivision. Records concerning or relating to the
21 mental health examination or treatment of the parole applicant shall be
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD06587-02-7

A. 4353 2
1 disclosed unless, in accordance with the standards and procedures set
2 forth in section 33.16 of the mental hygiene law, it is determined by a
3 mental health practitioner that such disclosure can reasonably be
4 expected to cause substantial and identifiable harm to the parole appli-
5 cant or others and that this harm would outweigh the parole applicant's
6 right of access to the record. At least thirty days before the parole
7 hearing, if requested by the victim, as the term victim is defined in
8 subdivision two of section 380.50 of the criminal procedure law, the
9 following information shall be provided to the victim, or the victim's
10 representative: inmate status reports; inmate's psychiatric evaluation,
11 if there is one available and only upon consent of the parole appli-
12 cant; and a copy of the parole applicant's "parole release plan" in the
13 If parole is not granted upon suchevent that the applicant submits one.
14 review, the [ ] inmate board will be required to state in detail and not
15 in conclusory terms the factors and reasons for the denial and the
16 specific requirements for actions to be taken, programs or accomplish-
17 ments to be completed, or changes in performance or conduct to be made,
18 or corrective action or actions to be taken, in order to qualify for
19 parole release. The board shall specify a date not more than twenty-four
20 months from such determination for reconsideration. The parole applicant
21 shall be informed in writing within two weeks of such appearance of the
22 factors and reasons for such denial of parole[. Such reasons shall be
23 given in detail and not in conclusory terms. The board shall specify a
24 date not more than twenty-four months from such determination for recon-
25 sideration, and the procedures to be followed upon reconsideration shall
26 ] be the same and the specific requirements and shall be provided with a
27 copy of the scored risk and needs assessment instrument considered by
28 the board. Within ninety days of the hearing decision, the department
29 shall provide to the parole applicant access to the program or programs,
30 activities and/or facilities needed in order to provide the opportunity
31 to fulfill the requirements set forth by the board. The parole applicant
32 shall be scheduled for a reappearance before the board upon completion
33 of the specific requirements as previously set forth by the board if
34 such completion occurs sooner than the date specified by the board. If
35 the requirements previously set forth by the board have been successful-
36 ly completed and the parole applicant's ins