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S740Senate2019-2020 SessionSame asA905

Diversify Parole Board Membership

Official title

“Relates to requiring the state board of parole to reflect the composition of the prison population in race, age and geographic area of residence”

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill requires the New York State Board of Parole's membership to proportionally reflect the prison population’s race, age, and geography.

Why it matters

  1. Mandates demographic proportionality. The bill requires that the State Board of Parole's membership mirror the prison population’s racial/ethnic, age, and geographic composition, ensuring direct proportionality for each characteristic. This aims to make parole decisions more representative of the people most affected by incarceration.

  2. Potential for more equitable decision-making. By requiring the board to reflect the demographics of incarcerated individuals, the bill could help address historical and systemic biases in parole decisions, possibly leading to fairer outcomes for marginalized groups.

  3. Immediate restructuring of the board. The legislation abolishes the current board as of January 1, 2020, and mandates a new board to be appointed under these demographic guidelines, signaling a rapid and significant shift in parole governance.

  4. Broader implications for criminal justice reform. This approach could set a precedent for other states or bodies to consider demographic representation in oversight or decision-making panels, potentially influencing broader justice system reforms beyond parole.

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Who cares

  • Governor and state senators

    The bill would require gubernatorial appointments, with Senate confirmation, to produce a parole board whose race and ethnicity, age and geographic representation are directly proportionate to the prison population.

  • State Board of Parole members

    The bill would abolish the existing board on January 1, 2020, and require appointments beforehand to a reconstituted board of between 15 and 19 members.

  • People in state prisons

    Their demographic composition would determine the required representation on the board responsible for parole decisions.

Headline styles

Diversify Parole Board Membership

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Velmanette Montgomery

Senator · Senate District 25

Chair, Children And Families

History

  1. Referred to crime victims, crime and correction
  2. 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.

A905Assembly

Diversify Parole Board Membership

In Assembly Committee · Correction · Sponsor N. Nick Perry

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

740

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sens. MONTGOMERY, COMRIE, KRUEGER -- 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 requiring the state board of parole to reflect the composition of the prison population in race, age and geographic area of residence

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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

1. There shall be in the department a state board of parole [which] that shall possess the powers and duties hereinafter specified. The board shall function independently of the department regarding all of its decision-making functions, as well as any other powers and duties specified in this article, provided, however, that administrative matters of general applicability within the department shall be applicable to the board. Such board shall consist of not more than nineteen members and not less than fifteen members appointed by the governor with the advice and consent of the senate. In making appointments to the board, the governor shall ensure that the membership shall adequately reflect the composition of the prison population in race and ethnicity, age, and geographic area of residence. The percentage of each demographic characteristic of the members shall be directly proportionate to that of the prison population. The term of office of each member of such board shall be for six years; provided, however, that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed, in the manner specified above, for the remainder of the unexpired term of the member whom he or she is to succeed. In the event of the inability to act of any member, the governor may appoint some

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

[ ] is old law to be omitted.

LBD03436-01-9

S. 740 2

competent informed person to act in his or her stead during the continuance of such disability.

§ 2. The state board of parole as constituted on the effective date of this section is hereby abolished as of January 1, 2020. Members of the state board of parole as constituted pursuant to the provisions of subdivision 1 of section 259-b of the executive law, as amended by section one of this act, shall be appointed by the appropriate state official prior to January 1, 2020, so that such board may be fully operative on and after such date.

§ 3. 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 requiring the state board of parole to reflect the composition of the prison population in race, age and geographic area of residence

Purpose

To change the composition of the state board of parole to reflect the prison population that it serves and to ensure professional diversity among its members.

Summary of provisions

Section 1 amends subdivision 1 of section 259-b of the executive law, to require that the members of the board of parole be appointed by the governor with the advice and consent of the senate. This board shall consist of not more than nineteen members and not less than fifteen members.

In making appointments to the board, the governor shall ensure that the membership adequately reflects the composition of the prison population in race and ethnicity, age, and geographic area of residence. The percentage of each demographic characteristic of the members shall be directly proportionate to that of the prison population.

Existing law

Under subdivision 1 of section 259-b of the executive law, the governor appoints not more than 19 members of the parole board with the advice and consent of the Senate.

Justification

Currently the composition of the NYS prison inmate population is 49.5% African American, 24.6% Hispanic, 23.1% White, and 2.8% Other. The aver- age age of an inmate is 37.5; 47.5% are from New York City and 23.9% are from Upstate Urban areas. However, the NYS Parole Board does not reflect the: population at all. While African Americans and Latinos are overrep- resented in the prison population, they are underrepresented in most every other area of the criminal justice system, including membership on the Parole Board. Currently, the Board consists of a majority of Cauca- sian members. It is important that the Board reflect the population it is required to serve.

Moreover, it is important that the Board issues fair decisions. The Executive Law mandates that in making a parole release decision, the following factors are to be considered: the institutional record includ- ing program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interpersonal relationships with staff and inmates; performance, if any, as a partic- ipant in a temporary release program; release plans including community resources, employment, education and training and support services available to the inmate; and the written statement of the crime victim or the victim's representative (see Executive Law 259-i(2) (e)). This

mandate, however, has been undermined by the Parole Board as a result of a shift in parole policy.

Since 1999 the percentage of prisoners released on parole has dras- tically declined. The sharp drop in parole rates is the result of two major changes in parole laws since 1995 in an effort to get tough on crime. .1n 1995, a law was passed that requires all people convicted of a second violent felony to serve 85 percent of their sentences. And in 1998, Jenne's Law required that all violent felons serve 85 percent of their terms. This shift in policy away from determining parole based on an individual, case-by-case basis to an en masse denial of parole based on the original crime undermines the purpose of parole.

In order to achieve the standard set in the Executive Law, the Parole Board needs a diverse membership that reflects the prison population and includes members with a background that gives them a perspective other than law enforcement.

Legislative history

2013-2014 -- S.4431-A; Died in Committee

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.