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A03475 Summary:

BILL NOA03475A
 
SAME ASSAME AS S00015-A
 
SPONSORDe La Rosa
 
COSPNSRCarroll, Aubry, Cruz, Lavine, Perry, Kim, Gottfried, O'Donnell, Simon, Epstein, Barron, Reyes, Rodriguez, Walker, Rosenthal D, Cook, Rozic, Pichardo, Taylor, Dickens, Joyner, Rosenthal L, Niou, Fahy, Darling, Hyndman, Vanel, Fernandez, Glick, Mitaynes, Steck, Gonzalez-Rojas, Kelles, Burgos, Gallagher, Mamdani, Anderson, Septimo, Forrest, Burdick, Clark, Davila, Zinerman, Ramos, Hunter, Meeks, Jackson, Solages, Sayegh, Lupardo, Pretlow, Weprin, Seawright, Richardson, Bichotte Hermelyn
 
MLTSPNSRFrontus, Hevesi, McDonald, Quart
 
Amd 259-c, Exec L
 
Relates to parole eligibility for certain incarcerated persons age fifty-five or older.
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A03475 Actions:

BILL NOA03475A
 
01/26/2021referred to correction
04/26/2021amend (t) and recommit to correction
04/26/2021print number 3475a
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A03475 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3475A
 
SPONSOR: De La Rosa
  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 super- vision within 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 Governor, 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 population 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 acceler- ated aging people experience while in prison.There is a growing consen- sus 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 opportunity before the Parole Board to demonstrate their transformation. It would not require anyone, regardless of their age, to be released. Rather, it would empower the Parole Board to use its discretion by individually evaluat- ing a person based on the factors established in Section 259-I 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 community needs.   PRIOR LEGISLATIVE HISTORY: 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   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   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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A03475 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3475--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2021
                                       ___________
 
        Introduced  by M. of A. DE LA ROSA, CARROLL, AUBRY, CRUZ, LAVINE, PERRY,
          KIM, GOTTFRIED, O'DONNELL, SIMON, EPSTEIN, BARRON,  REYES,  RODRIGUEZ,
          WALKER,  D. ROSENTHAL, COOK, ROZIC, PICHARDO, TAYLOR, DICKENS, JOYNER,
          L. ROSENTHAL, NIOU, FAHY, DARLING, HYNDMAN, VANEL,  FERNANDEZ,  GLICK,
          MITAYNES,  STECK,  GONZALEZ-ROJAS, KELLES, BURGOS, GALLAGHER, MAMDANI,
          ANDERSON, SEPTIMO, FORREST, BURDICK, CLARK, DAVILA,  ZINERMAN,  RAMOS,
          HUNTER,  MEEKS,  JACKSON, SOLAGES, McDONALD, SAYEGH -- Multi-Sponsored
          by -- M. of A. FRONTUS, HEVESI, QUART -- read once and referred to the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the executive law, in relation to parole eligibility for
          certain incarcerated persons aged fifty-five or older
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 259-c of the executive law is amended by adding two
     2  new subdivisions 18 and 19 to read as follows:
     3    18. notwithstanding any other section of law, where a person serving a
     4  sentence  of  incarceration  has  served at least fifteen years of their
     5  sentence or sentences and has reached the age of fifty-five or  greater,
     6  conduct  an  interview  within  sixty  days  of the date of the person's
     7  fifty-fifth birthday or the last day of  the  fifteenth  year  of  their
     8  sentence,  whichever  is  later,  pursuant to section two hundred fifty-
     9  nine-i of this article  to  determine  whether  such  person  should  be
    10  released  to community supervision. If the board determines that release
    11  is  appropriate  pursuant  to  the  terms    of  section   two   hundred
    12  fifty-nine-i of this article, then the board shall release the person to
    13  community  supervision.    If  release  to  community supervision is not
    14  granted, the person shall be informed in writing  within  two  weeks  of
    15  such  appearance  of  the  factors  and  reasons  for the denial of such
    16  release and the board shall specify a date  not  more  than  twenty-four
    17  months  from  such determination for reconsideration, and the procedures
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02819-08-1

        A. 3475--A                          2
 
     1  to be followed upon reconsideration shall be the  same.  If  release  to
     2  community supervision is granted, the board shall set release conditions
     3  and  the  provisions of this section shall otherwise apply as though the
     4  person was released after the completion of his or her minimum sentence.
     5  The  release  assessment  and determination required by this subdivision
     6  shall be in addition to, and may not replace, other release  assessments
     7  and determinations required by law.
     8    19.  submit  reports, quarterly, to the governor, the temporary presi-
     9  dent of the senate, the speaker of the assembly, the minority leader  of
    10  the  senate, the minority leader of the assembly, the chairperson of the
    11  senate committee on crime victims, crime and correction, and the  chair-
    12  person  of  the  assembly  committee  on  correction. Such reports shall
    13  include: (i) the number  of  parole  interviews  held  pursuant  to  the
    14  requirements  of subdivision eighteen of this section; (ii) the outcomes
    15  of parole interviews held pursuant to the  requirements  of  subdivision
    16  eighteen of this section; and (iii) where parole was denied following an
    17  interview  held  pursuant to the requirements of subdivision eighteen of
    18  this section, the articulated reasons for each denial,  the  members  of
    19  the  board  assigned  in  each case and a record of their votes, and the
    20  race, sex, facility, and crime of conviction of each  denied  applicant.
    21  Such reports shall not include personally identifiable information about
    22  applicants.    Reports  required  by this subdivision shall be published
    23  quarterly on a publicly accessible website maintained by the board.
    24    § 2. This act shall take effect immediately; provided that all persons
    25  who meet the eligibility requirements established by section one of this
    26  act upon the effective date of this  act  shall  be  interviewed  within
    27  sixty days of such date.
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