What's happening
This bill reforms New York's parole process by increasing transparency, requiring earlier and more thorough interviews, and expanding access to parole applicant records.
Why it matters
Lengthens and strengthens the parole review process. , giving applicants more time (from one to three months before eligibility) to prepare, review their files, and understand the criteria and reasons for denial—potentially improving fairness and reducing arbitrary denials.
Mandates in-person, audio-visual recorded parole interviews. , increasing accountability and making it harder for the process to be mischaracterized or misunderstood by either the parole board or the applicant.
Expands parole applicant access to records and decision criteria. , including mental health records (unless disclosure would cause harm), risk assessments, and detailed explanations for denial, empowering applicants and their advocates to address specific deficiencies or contest improper rejections.
Shifts the focus of parole decisions toward rehabilitation and reentry preparedness. , emphasizing applicants’ progress, transformation, and readiness for release over static factors like original offense seriousness, and requires the board to specify concrete steps for future parole consideration—potentially increasing the chance of release for those who meet rehabilitative goals.
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Who cares
Headline styles
Reform Parole Interview Process
Plain English, a few words. Used as the page title.
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.
Reform Parole Interview Process
In Assembly Committee · Correction · Sponsor Jeffrion Aubry
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3257
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sens. PARKER, BAILEY, BRESLIN, COMRIE, HOYLMAN, KENNEDY, KRUEGER, MONTGOMERY, RIVERA, SANDERS, SAVINO, SEPULVEDA, SERRANO -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 modifying the procedure for interviews of parole applicants and to the disclosure of parole applicant records
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(a) (i) Except as provided in subparagraph (ii) of this paragraph, at least [one month] three months prior to the date on which [an inmate] a parole applicant may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such [inmate] parole applicant and determine whether he or she should be paroled in accordance with the [guidelines] procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. The interview shall take place with all parties present in the same room. The interview shall be recorded audio-visually and this recording shall be made available to the board and the parole applicant or the parole applicant's representative only. At least one month prior to the parole hearing parole applicants shall be provided the opportunity to review all documents contained in their parole file or that otherwise will be made available for the board's discretionary release consideration. No documents shall be considered confidential except as provided in subparagraph (i) of paragraph (c) of this subdivision. Records concerning or relating to the mental health examination or treatment of the parole applicant shall be disclosed unless, in accordance with the standards and procedures set
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08112-01-9
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forth in section 33.16 of the mental hygiene law, it is determined by a mental health practitioner that such disclosure can reasonably be expected to cause substantial and identifiable harm to the parole applicant or others and that this harm would outweigh the parole applicant's right of access to the record. At least thirty days before the parole hearing, if requested by the victim, as the term victim is defined in subdivision two of section 380.50 of the criminal procedure law, the following information shall be provided to the victim, or the victim's representative: inmate status reports; inmate's psychiatric evaluation, if there is one available and only upon consent of the parole applicant; and a copy of the parole applicant's "parole release plan" in the event that the applicant submits one. If parole is not granted upon such review, the [inmate] board will be required to state in detail and not in conclusory terms the factors and reasons for the denial and the specific requirements for actions to be taken, programs or accomplishments to be completed, or changes in performance or conduct to be made, or corrective action or actions to be taken, in order to qualify for parole release. The board shall specify a date not more than twenty-four months from such determination for reconsideration. The parole applicant shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole[. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same] and the specific requirements and shall be provided with a copy of the scored risk and needs assessment instrument considered by the board. Within ninety days of the hearing decision, the department shall provide to the parole applicant access to the program or programs, activities and/or facilities needed in order to provide the opportunity to fulfill the requirements set forth by the board. The parole applicant shall be scheduled for a reappearance before the board upon completion of the specific requirements as previously set forth by the board if such completion occurs sooner than the date specified by the board. If the requirements previously set forth by the board have been successfully completed and the parole applicant's institutional record has been satisfactory during the time between the previous and current parole hearing, release shall be granted. If the [inmate] parole applicant is released, he or she shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the parolee comply with any restitution order, mandatory surcharge, sex offender registration fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law.
(ii) Any [inmate] parole applicant who is scheduled for presumptive release pursuant to section eight hundred six of the correction law shall not appear before the board as provided in subparagraph (i) of this paragraph unless such [inmate's] parole applicant's scheduled presumptive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the [inmate] parole applicant shall appear before the board for release consideration as provided in subparagraph (i) of this paragraph as soon thereafter as is practicable.
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§ 2. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-2 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(a) At least [one month] three months prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally interview [an inmate] a parole applicant serving an indeterminate sentence and determine whether he or she should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c. The interview shall take place with all parties present in the same room. The interview shall be recorded audio-visually and this recording shall be made available to the board and the parole applicant or the parole applicant's representative only. At least one month prior to the parole hearing parole applicants shall be provided the opportunity to review all documents contained in their parole file or that otherwise will be made available for the board's discretionary release consideration. No documents shall be considered confidential except as provided in subparagraph (i) of paragraph (c) of this subdivision. Records concerning or relating to the mental health examination or treatment of the parole applicant shall be disclosed unless, in accordance with the standards and procedures set forth in section 33.16 of the mental hygiene law, it is determined by a mental health practitioner that such disclosure can reasonably be expected to cause substantial and identifiable harm to the parole applicant or others and that this harm would outweigh the parole applicant's right of access to the record. At least thirty days before the parole hearing, if requested by the victim, as the term victim is defined in subdivision two of section 380.50 of the criminal procedure law, the following information shall be provided to the victim, or the victim's representative: inmate status reports; inmate's psychiatric evaluation, if there is one available and only upon consent of the parole applicant; and a copy of the parole applicant's "parole release plan" in the event that the applicant submits one. If parole is not granted upon such review, the [inmate] board will be required to state in detail and not in conclusory terms the factors and reasons for the denial and the specific requirements for actions to be taken, programs or accomplishments to be completed, or changes in performance or conduct to be made, or corrective action or actions to be taken, in order to qualify for parole release. The board shall specify a date not more than twenty-four months from such determination for reconsideration. The parole applicant shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole[. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same] and the specific requirements and shall be provided with a copy of the scored risk and needs assessment instrument considered by the board. Within ninety days of the hearing decision, the department shall provide to the parole applicant access to the program or programs, activities and/or facilities needed in order to provide the opportunity to fulfill the requirements set forth by the board. The parole applicant shall be scheduled for a reappearance before the board upon completion of the specific requirements as previously set forth by the board if such completion occurs sooner than the date specified by the board. If the requirements previously set forth by the board have been successfully
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completed and the parole applicant's institutional record has been satisfactory during the time between the previous and current parole hearing, release shall be granted. If the [inmate] parole applicant is released, he or she shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the parolee comply with any restitution order and mandatory surcharge previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law.
§ 3. 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 and subparagraph (A) as amended by chapter 130 of the laws of 2016, is amended to read as follows:
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 modifying the proce- dure for interviews of parole applicants and to the disclosure of parole applicant records
Purpose
To provide clarification and guidance to inmates who have been denied parole in order to take proper steps to be granted parole in the future.
Summary of provisions
Section One of the bill states that at least three months prior to a parole hearing, a parole applicant may be personally interviewed by a member or members of the parole board to determine if the parole appli- cant shall be paroled.
The interview shall take place with all parties in the same room and videotaped. This recording shall be limited to the Parole Board, the parole applicant and his or her representative.
At least one month before the interview, the parole applicant must have access to the contents of his or her parole file. The victim, upon request shall be provided the inmate's status reports, psychiatric eval- uations and parole applicant's "parole release plan." The Parole Board must state in detail, and not in vague terms, the factors and reasons for the denial of parole and the specific requirements for actions to be taken, programs or accomplishments to be completed, or the changes in performance or conduct to be made, or corrective action to be taken in order to qualify for parole release.
Within ninety days of the hearing decision, the department shall provide the parole applicant access to the program or program activities and applicant shall be granted a parole hearing upon successful completion of the program. If all criteria is met, release shall be granted.
Section Two requires the Parole Board to review the parole applicant's preparedness for reentry and reintegration into society. Further, as part of the re-entry review, the Parole Board must determine that there is or is not reasonable cause to believe that the release of the parole applicant would create a present danger to the victim or the victim's representative, The Parole Board must determine the effectiveness of the parole applicant's participation and performance, if any, in a reconciliation/restorative justice-type conference with the victim or victim representatives.
Justification
Under current law, the Parole Board may deny an inmate parole simply due to the nature of his or her crime. Under this criteria, an inmate may never become eligible for parole - no matter how successful he or she has been in rehabilitative and educational programs. This bill would require the Parole Board to inform an inmate that was denied parole the exact reasons for the denial, and what steps are required to be consid- ered for parole in the future.
Legislative history
2017-18: S3095A - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 2015-16: S.1728/A.2930 - Referred to Crime Victims, Crime and Correction 2013-14: S.1128/A.4109 - Died in Crime Victims/ Died in Corrections 2011-12: S.5374/A.7939 - Died in Crime Victims, Crime, and Corrections.
Fiscal implications
To be determined.
Local fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law; provided that the amendments to paragraph (a) of subdivision 2 of section 259-i of the executive law made by section one of this act shall be subject to the expiration and reversion of such paragraph as provided by section 74 of chapter 3 of the laws of 1995, as amended, where upon such date the provisions of section two of this act shall take effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.