New York A 3652: Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records

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A03652 Summary:

BILL NOA03652 

&nbsp

SAME ASSAME AS S03918

&nbsp

SPONSORDilan

&nbsp

COSPNSRDavila

&nbsp

MLTSPNSR

&nbsp

Amd §259-i, Exec L

&nbsp

Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records.

Go to top A03652 Actions:

BILL NOA03652 

&nbsp

01/29/2025referred to correction

01/07/2026referred to correction

Go to topA03652 Committee&nbspVotes:

Go to topA03652 Floor&nbspVotes:

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

Go to topA03652 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3652

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 29, 2025
 ___________

 Introduced by M. of A. DILAN -- 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 chapter 322 of the laws of 2021, subpara-
 3 graph (i) as amended by section 14 of chapter 486 of the laws of 2022,
 4 is amended to read as follows:
 5 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
 6 least [one month] three months prior to the date on which an [incarcer-
 7 ated individual] a parole applicant may be paroled pursuant to subdivi-
 8 sion one of section 70.40 of the penal law, a member or members as
 9 determined by the rules of the board shall personally interview such
 10 [incarcerated individual] parole applicant and determine whether [he or
 11 she] such parole applicant should be paroled in accordance with the
 12 [guidelines] procedures adopted pursuant to subdivision four of section
 13 two hundred fifty-nine-c of this article. The interview shall take
 14 place with all parties present in the same room. The interview shall be
 15 recorded audio-visually and this recording shall be made available to
 16 the board and the parole applicant or the parole applicant's represen-
 17 tative only. At least one month prior to the parole hearing parole
 18 applicants shall be provided the opportunity to review all documents
 19 contained in their parole file or that otherwise will be made available
 20 for the board's discretionary release consideration. No documents shall
 21 be considered confidential except as provided in subparagraph (i) of
 22 paragraph (c) of this subdivision. Records concerning or relating to
 23 the mental health examination or treatment of the parole applicant shall
 24 be disclosed unless, in accordance with the standards and procedures set

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07151-01-5

 A. 3652 2

 1 forth in section 33.16 of the mental hygiene law, it is determined by a
 2 mental health practitioner that such disclosure can reasonably be
 3 expected to cause substantial and identifiable harm to the parole appli-
 4 cant or others and that this harm would outweigh the parole applicant's
 5 right of access to the record. At least thirty days before the parole
 6 hearing, if requested by the victim, as the term victim is defined in
 7 subdivision two of section 380.50 of the criminal procedure law, the
 8 following information shall be provided to the victim, or the victim's
 9 representative: incarcerated individual status reports; incarcerated
 10 individual's psychiatric evaluation, if there is one available and only
 11 upon consent of the parole applicant; and a copy of the parole appli-
 12 cant's "parole release plan" in the event that the applicant submits
 13 one. If parole is not granted upon such review, the [incarcerated indi-
 14 vidual] board will be required to state in detail and not in conclusory
 15 terms the factors and reasons for the denial and the specific require-
 16 ments for actions to be taken, programs or accomplishments to be
 17 completed, or changes in performance or conduct to be made, or correc-
 18 tive action or actions to be taken, in order to qualify for parole
 19 release. The board shall specify a date not mor