Alters the composition of the state board of parole

4 Co-sponsors

• Martin Malavé Dilan
• Terry Gipson
• Ruth Hassell-Thompson
• Bill Perkins

BILL NUMBER:S4431A

Title of bill

An act to amend the executive law, in relation to the composition of the state board of parole

Purpose

To change the composition of the state board of parole to reflect the prison population that it serves and to ensure professional diversity among its members.

Summary of provisions

Section 1 amends subdivision 1 of section 259-b of the executive law, to require that the members of the board of parole be appointed by the governor, with the advice and consent of the senate and in consultation with the Correctional Association of New York. Additionally, there may not he more than nineteen nor less than fifteen members on the board and the members must reflect the composition of the prison population in race, age, and geographic area of residence. At least one-third of all members must have a minimum of five years previous employment experience in the areas of prison reentry or social services.

Existing law

Under subdivision 1 of section 259-b of the executive law, the governor appoints not more than 19 members of the parole board with the advice and consent of the Senate.

Justification

Currently the composition of the NYS prison inmate population is 49.5% African American, 24.6% Hispanic, 23.1% White, and 2.8% Other. The average age of an inmate is 37.5; 47.5% are from New York City and 23.9% are from Upstate Urban areas. However, the NYS Parole Board does not reflect the: copulation at all.

While African Americans and Latinos are overrepresented in the prison population, they are underrepresented in most every other area of the criminal justice system, including membership on the Parole Board. Currently, the Board consists of a majority of Caucasian members. It is important that the Board reflect the population it is required to serve.

Moreover, it is important that the Board issues fair decisions. The Executive Law mandates that in making a parole release decision, the following factors are to be considered: the institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interpersonal relationships with staff and inmates; performance, if any, as a participant in a temporary release program; release plans including community resources, employment, education and training and support services available to the inmate; and the written statement of the crime victim or the victim's representative (see Executive Law 259-i(2) (e)). This mandate, however, has been undermined by the Parole Board as a result of a shift in parole policy.

Since 1991 the percentage of prisoners released on parole has drastically declined. The sharp drop in parole rates is the result of two major changes in parole laws since 1995 in an effort to get tough on crime. In 1995, a law was passed that requires all people convicted of a second violent felony to serve 85 percent of their sentences. And

in 1998, Jenna's Law required that all violent felons serve 85 percent of their terms. This shift in policy away from determining parole based on an individual, case-by-case basis to an en masse denial of parole based on the original crime undermines the purpose of parole.

In order to achieve the standard set in the Executive Law, the Parole Board needs a diverse membership that reflects the prison population and includes members with a background that gives them a perspective other than law enforcement.

Legislative history

2012-2013 - New Bill

Fiscal implications

None.

Effective date

This act shall take effect immediately.