New York S 321: Relates to saliva swabs and chemical tests in certain cases

Bill Text

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S00321 Summary:

BILL NOS00321 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORGALLIVAN

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COSPNSRBORRELLO, MATTERA, OBERACKER, PALUMBO, RHOADS, STEC, WEIK

&nbsp

MLTSPNSR

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Amd §259-i, Exec L

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Provides that any person interested in the grant or denial of discretionary release shall have the right to submit a written statement of views in support of or in opposition to the granting of discretionary release which the parole board may consider.

Go to top S00321 Actions:

BILL NOS00321 

&nbsp

01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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

Go to topS00321 Committee&nbspVotes:

Go to topS00321 Floor&nbspVotes:

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

Go to topS00321 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 321

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GALLIVAN, BORRELLO, MATTERA, OBERACKER, PALUMBO,
 RHOADS, STEC, WEIK -- 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 third party statements
 to the parole board

 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] they will
 8 live and remain at liberty without violating the law, and that [his or
 9 her] their release is not incompatible with the welfare of society and
 10 will not so deprecate the seriousness of [his or her] their crime as to
 11 undermine respect for law. In making the parole release decision, the
 12 procedures adopted pursuant to subdivision four of section two hundred
 13 fifty-nine-c of this article shall require that the following be consid-
 14 ered: (i) the institutional record including program goals and accom-
 15 plishments, academic achievements, vocational education, training or
 16 work assignments, therapy and interactions with staff and incarcerated
 17 individuals; (ii) performance, if any, as a participant in a temporary
 18 release program; (iii) release plans including community resources,
 19 employment, education and training and support services available to the
 20 incarcerated individual; (iv) any deportation order issued by the feder-
 21 al government against the incarcerated individual while in the custody
 22 of the department and any recommendation regarding deportation made by

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01175-01-5

 S. 321 2

 1 the commissioner of the department pursuant to section one hundred
 2 forty-seven of the correction law; (v) any current or prior statement
 3 made to the board by the crime victim or the victim's representative,
 4 where the crime victim is deceased or is mentally or physically incapac-
 5 itated; (vi) the length of the determinate sentence to which the incar-
 6 cerated individual would be subject had [he or she] they received a
 7 sentence pursuant to section 70.70 or section 70.71 of the penal law for
 8 a felony defined in article two hundred twenty or article two hundred
 9 twenty-one of the penal law; (vii) the seriousness of the offense with
 10 due consideration to the type of sentence, length of sentence and recom-
 11 mendations of the sentencing court, the district attorney, the attorney
 12 for the incarcerated individual, the pre-sentence probation report as
 13 well as consideration of any mitigating and aggravating factors, and
 14 activities following arrest prior to confinement; and (viii) prior crim-
 15 inal record, including the nature and pattern of offenses, adjustment to
 16 any previous probation or parole supervision and institutional confine-
 17 ment. The board shall provi