What's happening
This bill allows third parties to submit confidential statements to the parole board and clarifies victim impact statement confidentiality in parole decisions.
Why it matters
Expands who can provide input. By allowing third parties (not just victims or their representatives) to submit statements to the parole board, the law broadens the range of perspectives the board can consider, potentially influencing parole outcomes based on community or expert views.
Strengthens confidentiality protections. The bill explicitly clarifies that all victim impact statements—whether written, audio, or video—will be kept confidential and only used by the parole board in making decisions. This may encourage more victims to share their experiences without fear of retaliation or public disclosure.
Standardizes notification to victims. The legislation requires that victims be informed about their right to submit confidential victim impact statements and how those statements will be handled, ensuring victims are aware of their rights and the safeguards in place.
May affect parole decision transparency. While the bill enhances privacy for victims and third-party submitters, it could make it harder for the public or the incarcerated individual to know what information is influencing parole decisions, potentially impacting perceived fairness or the ability to address inaccuracies.
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Who cares
Headline styles
Protect Parole Hearing Testimonies
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Parole Statements Confidential
In Assembly Committee · Correction · Sponsor Billy Jones
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1410
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. RITCHIE, HELMING, TEDISCO -- 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 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 Assembly, do enact as follows:
Section 1. Subparagraph (A) of paragraph (c) of subdivision 2 of section 259-i of the executive law, as amended by chapter 130 of the laws of 2016, is amended to read as follows:
(A) Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined but after considering if there is a reasonable probability that, if such inmate is released, he will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society and will not so deprecate the seriousness of his crime as to undermine respect for law. In making the parole release decision, the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article shall require that the following be considered: (i) the institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interactions with staff and inmates; (ii) performance, if any, as a participant in a temporary release program; (iii) release plans including community resources, employment, education and training and support services available to the inmate; (iv) any deportation order issued by the federal government against the inmate while in the custody of the department and any recommendation regarding deportation made by the commissioner of the department pursuant to section one hundred forty-seven of the correction law; (v) any current or prior statement made to the board by the crime victim or the victim's representative, where the crime victim is deceased or is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03309-01-9
S. 1410 2
mentally or physically incapacitated; (vi) any statement in support or opposition made to the board by a third party; (vii) the length of the determinate sentence to which the inmate would be subject had he or she received a sentence pursuant to section 70.70 or section 70.71 of the penal law for a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law; [(vii)] (viii) the seriousness of the offense with due consideration to the type of sentence, length of sentence and recommendations of the sentencing court, the district attorney, the attorney for the inmate, the pre-sentence probation report as well as consideration of any mitigating and aggravating factors, and activities following arrest prior to confinement; and [(viii)] (ix) prior criminal record, including the nature and pattern of offenses, adjustment to any previous probation or parole supervision and institutional confinement. The board shall provide toll free telephone access for crime victims. In the case of an oral statement made in accordance with subdivision one of section 440.50 of the criminal procedure law, the parole board member shall present a written report of the statement to the parole board. A crime victim's representative shall mean the crime victim's closest surviving relative, the committee or guardian of such person, or the legal representative of any such person. Such statement submitted by the victim or victim's representative may include information concerning threatening or intimidating conduct toward the victim, the victim's representative, or the victim's family, made by the person sentenced and occurring after the sentencing. Such information may include, but need not be limited to, the threatening or intimidating conduct of any other person who or which is directed by the person sentenced. Any statement by a victim or the victim's representative made to the board shall be maintained by the department in the file provided to the board when interviewing the inmate in consideration of release. A victim or victim's representative who has submitted a written request to the department for the transcript of such interview shall be provided such transcript as soon as it becomes available.
§ 2. Subparagraph (B) of paragraph (c) of subdivision 2 of section 259-i of the executive law, as separately amended by chapters 40 and 126 of the laws of 1999, is amended to read as follows:
(B) Where a crime victim or victim's representative as defined in subparagraph (A) of this paragraph [, or other person] submits to the parole board a written statement concerning the release of an inmate, such statement shall be deemed confidential and shall only be made available to the parole board [shall keep that individual's name and address confidential] for use in rendering parole decisions.
§ 3. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by chapter 193 of the laws of 2017, is amended to read as follows:
1. Upon the request of a victim of a crime, or in any event in all cases in which the final disposition includes a conviction of a violent felony offense as defined in section 70.02 of the penal law, a felony defined in article one hundred twenty-five of such law, or a felony defined in article one hundred thirty of such law, the district attorney shall, within sixty days of the final disposition of the case, inform the victim by letter of such final disposition. If such final disposition results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence, the notice provided to the crime victim shall also inform the victim of his or her right to submit a written, audiotaped, or videotaped victim impact statement to the department of corrections and
S. 1410 3
community supervision or to meet personally with a member of the state board of parole at a time and place separate from the personal interview between a member or members of the board and the inmate and make such a statement, subject to procedures and limitations contained in rules of the board, both pursuant to subdivision two of section two hundred fifty-nine-i of the executive law. Such notice shall inform the victim that a written, audiotaped, or videotaped victim impact statement shall be deemed confidential and shall only be made available to the state board of parole for use in rendering parole decisions. A copy of such letter shall be provided to the board of parole. The right of the victim under this subdivision to submit a written victim impact statement or to meet personally with a member of the state board of parole applies to each personal interview between a member or members of the board and the inmate.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law and the criminal procedure law, in relation to statements to the state board of parole
Purpose
To require that the state board of parole consider statements made to the board by a third party, when considering a discretionary release on parole, and to keep all statements made to the parole board confidential and only available to the parole board
Summary of provisions
Section one amends section 259-i of the executive law to require the state board of parole to consider all statements offered when consider- ing discretionary parole.
Section two also amends section 259-i of the executive law to keep all statements made to the state board of parole confidential, except to the board for use in considering discretionary parole.
Section three amends section 440.50 of the criminal procedure law to inform victims of the confidentiality of victim impact statements.
Section four provides the effective date.
Existing law
Existing law does not require the state board of parole to consider all testimony offered at a parole hearing but instead limits the board to considering only the statements made by the crime victim or in some cases a representative for the victim.
Under existing law, only the name and address of a person providing a statement to the state board of parole for a discretionary parole hear- ing is kept confidential.
Justification
Parole hearings should provide a chance for victims and other interested members of society to provide testimony regarding a potential parolee.
Current law does not require the state board of parole to consider all testimony provided at a parole hearing, and in fact regulations severely limit what testimony may be considered.
Parole hearings should provide a meaningful opportunity for individuals whose lives have been impacted by a serious crime to explain the impact the crime has had on their lives, whether that be through written comments or oral testimony. Limiting testimony to only the victim and not allowing for additional input from other family members or from the impacted community negates the wide-reaching effect a serious crime often has. Whatever resources are required to ensure that the voices of all victims of a crime are heard and considered in a parole hearing setting is well worth the cost. In addition, statements made to the state board of parole for purposes of a parole hearing should be kept confidential, and for the sole use of the board in its consideration of whether to grant parole. Redacting only the name and address of the person making a statement does not sufficiently protect the identity of individuals providing testimony. This bill extends that confidentiality to the entire statement.
Legislative history
2018: S.7531B - Passed Senate.
Fiscal implications
Minimal impact expected.
Effective date
Takes effect on the ninetieth day after it becomes law. However, effec- tive immediately, any addition, amendment or repeal of any rules or regulation necessary to implement this legislation is authorized to take place before the effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.