What's happening
The bill changes parole release standards to require release unless there is a current, unreasonable, and unmitigable risk of law violation.
Why it matters
Shifts the burden for parole release decisions. Instead of requiring incarcerated people to prove they should be released, the Parole Board must now grant parole unless there is clear evidence of a current and unreasonable risk of law-breaking that cannot be managed with supervision.
Narrows the discretion of the Parole Board. The Board can no longer deny parole based on subjective factors like the seriousness of the original crime or a generalized sense of public welfare; they must focus on present, demonstrable risk.
Emphasizes evidence of rehabilitation. The Board is now explicitly required to consider all evidence of rehabilitation and reform, not just institutional behavior or program participation, making past improvement and readiness for reentry more central to release decisions.
Potentially increases parole releases and reduces prison populations. By raising the standard for denying parole, this bill could lead to more incarcerated people being released when they no longer pose an unreasonable risk, which could have significant effects on prison crowding, reentry services, and public safety debates.
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Who cares
Parole-eligible incarcerated people
The bill would require their release unless the case record demonstrates a current, unreasonable risk of lawbreaking that parole supervision cannot mitigate.
State Board of Parole
The board would have to apply the new release standard and consider all evidence of rehabilitation and reform.
Crime victims and their representatives
Their statements would remain factors in release decisions, while the bill would remove the requirement that release not undermine respect for law by depreciating the seriousness of the crime.
Attorneys representing incarcerated people
Evidence of rehabilitation and the ability of parole supervision to mitigate risk would directly inform the bill’s release standard.
Headline styles
Ease Parole Release Rules
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to crime victims, crime and correction
- Print number 497a
- Amend (t) and recommit 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.
Change Parole Release Standards
In Assembly Committee · Codes · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
497--A
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. RIVERA, COMRIE, HOYLMAN, JACKSON, MONTGOMERY, MYRIE, PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA, SERRANO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to findings of the state board of parole necessary for discretionary release of incarcerated persons on 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] to any incarcerated person appearing before the board who is eligible for release on parole, unless the parole case record demonstrates there is a current and unreasonable risk the person will violate the law if released and such risk cannot be mitigated by parole supervision. 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]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05592-03-9
S. 497--A 2
incarcerated persons; (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] incarcerated person; (iv) any deportation order issued by the federal government against the [inmate] incarcerated person 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 mentally or physically incapacitated; (vi) the length of the determinate sentence to which the [inmate] incarcerated person 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] incarcerated person, the presentence 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; and (ix) all evidence of rehabilitation and reform. 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] incarcerated person 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. 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 findings of the state board of parole necessary for discretionary release of incarcerated persons on parole
Purpose or general idea of bill
Provides that the Board of Parole shall release incarcerated persons who are eligible for release on parole unless such person presents a current and unreasonable risk or such risk cannot be mitigated by parole super- vision.
Summary of provisions
Section 1 amends Executive Law § 259-i (2)(c) (A) to grant discretionary release on parole unless the person poses a current and unreasonable risk. This section also changes the word "inmate" to incarcerated person."
Section 2 provides an effective date.
Justification
When making a decision about whether to release an incarcerated person to community supervision, the Board of Parole is currently required to take into account the incarcerated persons' likelihood of committing future crimes upon release and to determine whether or not an incarcer- ated persons' release will "deprecate the seriousness of the crime." In practice, the Board does not often release an incarcerated person on their first appearance if the underlying crime was violent, even it if it took place more than 25 years prior to the board appearance and even when the incarcerated person has a low risk of reoffending. Current law also makes the board susceptible to political pressure to deny parole to incarcerated individuals with high profile crimes, even if they are thoroughly rehabilitated with excellent prison records, because such a release could be considered by advocacy groups to "deprecate the seri- ousness of the crime." In 2015, only 177 of incarcerated individuals were released upon their first board appearance, and only 20 on subse- quent appearances. The Board's failure to grant parole to low risk incarcerated individuals results in expensive, prolonged, and unneces- sary incarceration of middle aged and older incarcerated individuals who have a very low probability of recidivism and who are very expensive to incarcerate because of high medical costs upon aging.
This bill would require the Board of Parole to release people to commu- nity supervision when their minimum period of incarceration has been served, unless there is a clearly articulated current public safety reason to keep them in prison. On subsequent board appearances, there would be a presumption of release unless the board determines by a preponderance of evidence that an inmate is unlikely to live without violating the law and that their release poses an unreasonable public safety risk.
Fiscal implications for state and local governments
This bill will save the state approximately $60,000 per year for every incarcerated person who is released upon the completion of their minimum sentence but who would have been kept in prison under current law. It has no costs associated with it.
Legislative history
2018: S. 8346
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.