New York A 3523: Relates to testimonies in parole hearings

Bill Text

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A03523 Summary:

BILL NOA03523 

&nbsp

SAME ASSAME AS S00846

&nbsp

SPONSORJones

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §259-i, Exec L; amd §440.50, CP L

&nbsp

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 A03523 Actions:

BILL NOA03523 

&nbsp

01/28/2025referred to correction

09/08/2025enacting clause stricken

Go to topA03523 Committee&nbspVotes:

Go to topA03523 Floor&nbspVotes:

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

Go to topA03523 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3523

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. JONES -- read once and referred to the Committee
 on 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
 23 regarding deportation made by the commissioner of the department pursu-
 24 ant to section one hundred forty-seven of the correction law; (v) any
 25 current or prior statement made to the board by the crime victim or the

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

 A. 3523 2

 1 victim's representative, where the crime victim is deceased or is
 2 mentally or physically incapacitated; (vi) any statement in support or
 3 opposition made to the board by a third party; (vii) the length of the
 4 determinate sentence to which the incarcerated individual would be
 5 subject had [he or she] such incarcerated individual received a sentence
 6 pursuant to section 70.70 or section 70.71 of the penal law for a felony
 7 defined in article two hundred twenty or article two hundred twenty-one
 8 of the penal law; [(vii)] (viii) the seriousness of the offense with due
 9 consideration to the type of sentence, length of sentence and recommen-
 10 dations of the sentencing court, the district attorney, the attorney for
 11 the incarcerated individual, the pre-sentence probation report as well
 12 as consideration of any mitigating and aggravating factors, and activ-
 13 ities following arrest prior to confinement; and [(viii)] (ix) prior
 14 criminal record, including the nature and pattern of offenses, adjust-
 15 ment to any previous probation or parole supervision and institutional
 16 confinement. The board shall provide toll free tele