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A02035 Summary:

BILL NOA02035
 
SAME ASSAME AS S02423
 
SPONSORDavila
 
COSPNSRCarroll, Aubry, Cruz, Kim, Simon, Epstein, Reyes, Walker, Cook, Rozic, Taylor, Dickens, Joyner, Rosenthal L, Fahy, Darling, Hyndman, Vanel, Glick, Mitaynes, Steck, Gonzalez-Rojas, Kelles, Burgos, Gallagher, Mamdani, Anderson, Septimo, Forrest, Burdick, Clark, Zinerman, Ramos, Hunter, Meeks, Jackson, Sayegh, Lupardo, Pretlow, Weprin, Seawright, Bichotte Hermelyn, Peoples-Stokes, Bronson, Paulin, Dilan, Fall, Gibbs, De Los Santos, Lucas, Cunningham, Tapia, Levenberg, Ardila, Bores, Raga, Shimsky, O'Donnell
 
MLTSPNSRBarrett, Thiele
 
Amd §259-c, Exec L
 
Relates to parole eligibility for certain incarcerated persons age fifty-five or older.
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A02035 Actions:

BILL NOA02035
 
01/23/2023referred to correction
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A02035 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2035
 
SPONSOR: Davila
  TITLE OF BILL: An act to amend the executive law, in relation to parole eligibility for certain incarcerated persons aged fifty-five or older   SUMMARY OF PROVISIONS: Section 1 of the bill adds new subdivisions 18 and 19 to section 259-c of the Executive Law ("State board of parole; functions, powers and duties"). -Sub. 18: provides that a person 55 or older who has served at least 15 years of a sentence shall have an interview with the Board of Parole to determine whether they should be released to community supervision with- in 60 days of their 55th birthday or the last day of the 15th year of their sentence, whichever is later. If release is not granted, the person shall have a subsequent interview no more than 24 months later. -Sub. 19: requires the Board of Parole to report quarterly to the Gover- nor, Legislature and public about the outcomes of elder parole. Section 2 of the bill is the effective date.   JUSTIFICATION: After decades of harsh sentencing practices, New York State holds the shameful distinction of having the third-largest population of people serving terms of life imprisonment in the country. Hundreds of incarcer- ated New Yorkers - parents, grandparents and great-grandparents - may never live to have an. individualized release assessment, no matter how much they have changed in the years and decades since their conviction. People serving life sentences are disproportionately Black and Latinx, and they are aging rapidly behind bars. The perpetual confinement of aging and elderly people is particularly immoral as studies show that rearrest rates for older adults released from prison are vanishingly small, particularly for those originally convicted of serious crimes. However, even as New York's prison popu- lation declined in the last two decades, the number of elders behind bars grew substantially. New York has the second-largest prison budget in the nation, spending between $100,000 and $240,000 annually for each incarcerated older adult, which the New York State Department of Correction and Community Supervision (DOCCS) defines as adults 55 years of age or older, due to the accelerated aging people experience while in prison. There is a growing consensus among people across the political spectrum that mass incarceration is ineffective, flawed, and racially biased. It harms, rather than improves, community health and safety. Elder parole would ensure that older adults serving long sentences have an opportu- nity before the Parole Board to demonstrate their transformation. It would not require anyone, regardless of their age; to be released. Rath- er, it would empower the Parole Board to use its discretion by individ- ually evaluating a person based on the factors established in Section 259-1 of the Executive Law. This legislation would bring hope to incarcerated people who have worked hard to change, as well as their families. It would allow people the chance to safely return to their communities and save the state hundreds of millions of dollars that could be reinvested to meet critical commu- nity needs.   FISCAL IMPLICATIONS: To be determined.   PRIOR LEGISLATIVE HISTORY: A. 8855 of 2021-22 (Davila) Died in Correction S.2144 of 2019-2020 (Hoylman): Died in Crime Victims, Crime, and Correction A.9040 of 2009-2020 (De La Rosa): Died in Correction S.8581 of 2017-2018 (Hoylman): Died in Crime Victims, Crime and Correction A.6354-A of 2017-2018 (Weprin): Died in Codes   EFFECTIVE DATE: This act shall take effect immediately; provided that all persons who meet the eligibility requirements established by section one of this act upon the effective date of this act shall be interviewed within sixty days of such date.
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