Parole for Elderly Prisoners

Section 1. Short title. This act shall be known and may be cited as the "New York state program for older prisoners act".

§ 2. Legislative findings and intent. The legislature hereby finds and declares that age has been found to be the most reliable predictor for recidivism and that older inmates pose a very low risk of recidivism. In order to develop more effective and cost-efficient treatment for the rising population of geriatric prisoners, the legislature directs the board to establish a program to consider the release of geriatric inmates who do not pose a public safety risk.

It is further found and declared that it is the legislature's intention to direct the board of parole to identify all eligible low-risk geriatric prisoners who are promising candidates for release and, where appropriate, to release them with adequate transitional programs, appropriate levels of community supervision and to assist them to obtain aftercare services.

§ 3. Subdivision 3 of section 259 of the executive law, as added by section 37 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:

3. "Community supervision" means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision [or], medical parole or geriatric parole.

§ 4. Subdivision 1 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

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1. have the power and duty of determining which inmates serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r or section two hundred fifty-nine-s or geriatric parole pursuant to section two hundred fifty-nine-t of this article, and when and under what conditions;

§ 5. Subdivision 1 of section 259-c of the executive law, as amended by chapter 55 of the laws of 1992, is amended to read as follows:

1. have the power and duty of determining which inmates serving an indeterminate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r or geriatric parole pursuant to section two hundred fifty-nine-t of this article, and when and under what conditions;

§ 6. Subdivision 1 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:

1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law, if the board of parole is satisfied that an absolute discharge from presumptive release, parole, conditional release, geriatric parole or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. No such discharge shall be granted unless the board is satisfied that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.

§ 7. The executive law is amended by adding a new section 259-t to read as follows:

§ 259-t. Geriatric parole release. 1. (a) The board shall be authorized to order geriatric parole release for eligible inmates. For the purposes of this section, an "eligible inmate" is an inmate who is at least sixty years of age, is serving a determinate or indeterminate sentence of imprisonment, and has served at least one-half of the minimum period of his or her indeterminate sentence, or in the case of a determinate sentence, has served at least one-half of the term of his or her determinate sentence, provided, however, that no inmate serving a sentence imposed upon a conviction for murder in the first degree as defined in section 125.27 of the penal law, an offense defined in article one hundred thirty of the penal law, an offense defined in article two hundred sixty-three of the penal law, or an act of terrorism as defined in article four hundred ninety of the penal law, or an attempt or conspiracy to commit any such offense shall be eligible for such geriatric parole release.

(b) Such release may be granted only after the board considers whether there is a reasonable probability that, if released, the inmate will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law.

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(c) The board shall afford notice to the sentencing court, the district attorney and the attorney for such inmate that the inmate is being considered for release pursuant to this section and the parties receiving notice shall have fifteen days to comment on the release of the inmate. Release to geriatric parole shall not be granted until expiration of the comment period provided for in this paragraph.

2. The department may recommend or an inmate may apply for geriatric parole release pursuant to this section.

3. (a) The board shall determine whether an eligible inmate poses a risk to public safety. In order to make such a risk determination, the board shall use a validated risk assessment instrument to measure the level of risk the inmate poses to public safety. The board shall personally interview each inmate under consideration for geriatric parole.

(b) An eligible inmate granted geriatric parole release shall be released subject to the conditions set by the board and shall be given a copy of the conditions. Such conditions may include electronically monitored home detention.

(c) If geriatric parole is denied the inmate shall be informed in writing within two weeks of his or her appearance in front of the board of the inmate's risk assessment score and the factors and reasons for denial of geriatric parole release. Such reasons shall be given in detail and not in conclusory terms.

(d) A denial of release on geriatric parole shall not preclude the inmate from reapplying for geriatric parole annually or otherwise affect an inmate's eligibility for any other form of release provided for by law.

4. Geriatric parole release shall be subject to revocation pursuant to subdivision three of section two hundred fifty-nine-i of this article.

5. Inmates may appeal any decisions of the board made pursuant to this section in accordance with subdivision four of section two hundred fifty-nine-i of this article.

6. The commissioner and the chairman of the board shall be authorized to promulgate rules and regulations for their respective agencies to implement the provisions of this section.

7. The commissioner and the chairman of the state board of parole shall annually report to the governor, the temporary president of the senate and the speaker of the assembly, the chairs and ranking minority members of the assembly codes committee, the senate codes committee, the assembly correction committee, the senate crime victims, crime and correction committee, the assembly ways and means committee and the senate finance committee the number of inmates who have applied for geriatric parole; the number who have been granted geriatric parole; the counties to which they have been released; the ages of the applicants; the categories of denial for those who have been denied; the number of parolees released to geriatric parole who have been returned to imprisonment in the custody of the department and the reasons for their return; the number of eligible inmates in department custody who are sixty years of age or over and an estimate of the projected correctional health care service savings were such inmates to be released to parole; as well as their recommendations and findings by the first of January next succeeding the effective date of this section and each January thereafter.

§ 8. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that the amendments to subdivision 1 of section 259-c of the executive law made by section four

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of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section five of this act shall take effect.