What's happening
This bill allows any person to submit a written statement supporting or opposing an inmate’s parole, for the parole board’s consideration.
Why it matters
Broadens participation in the parole process. by allowing anyone—not just victims or officials—to formally submit their views, potentially increasing transparency and public input in decisions that affect community safety and rehabilitation outcomes.
Could influence parole outcomes. since the parole board is now explicitly permitted to consider community perspectives and opinions (both for and against release), which might sway decisions in contentious or high-profile cases.
Raises questions about fairness and relevance. because the board must sort through potentially large volumes of statements, with the power to exclude submissions deemed irrelevant or unreliable—placing significant discretion in the board’s hands regarding what public input is meaningful.
May impact inmates and their supporters. by giving families, advocacy groups, or concerned citizens a new channel to argue for or against release, potentially shifting the balance of voices heard during parole deliberations.
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Who cares
Headline styles
Let Anyone Address Parole Board
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1745
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. GALLIVAN -- 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 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.
LBD07609-01-9
S. 1745 2
mentally or physically incapacitated; (vi) 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) 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) 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. Any person interested in the grant or denial of discretionary release under this subdivision 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 board may consider, except that the board may exclude from consideration information which is irrelevant or unreliable.
§ 2. This act shall take effect immediately.
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, in relation to third party statements to the parole board
Purpose of the bill
To amend section 259-i of the Executive Law regarding the submission of written statements by the public.
Summary of provisions
This bill amends Executive Law § 259-1(2)(c)(A) to explicitly codify the public's right to submit written statements regarding release determi- nations.
Justification
The Board of Parole, as a matter of practice, will review all statements made by private individuals regarding particular candidates for release. This includes letters and other statements made by a variety of individ- uals both in support of and in opposition to that candidate's release. The Executive Law implicitly allows the consideration of these state- ments by providing for how the Board must treat the information of the individuals who submit them. Courts also have endorsed the practice. However, a minority of trial courts recently have prohibited the Board from considering statements in opposition from individuals who are not included within the narrow definition of victim or victim representative provided by statute. They do not appear to have considered the impli- cation of their ruling on statements in support, which similarly would be restricted.
This principle could lead to a perverse situation in which individuals affected by a release determination are unable to communicate this fact to the Board. The individuals so silenced would include both persons affected by the crime but not included in the narrow definition of victim representative, such as bystanders and friends and relatives of the victim, as well as family members and friends of the inmate express- ing support for release. Consequently, this bill would explicitly authorize the Board to consider these statements.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.