BILL NUMBER: S321
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the executive law, in relation to third party statements
to the parole board
 
PURPOSE OF THE BILL:
To amend section 259-i of the Executive Law regarding the submission of
written statements by the public.
 
SUMMARY OF PROVISIONS:
This bill amends Executive Law 259-1(2)(c)00 to explicitly codify the
public's right to submit written statements regarding release determi-
nations.
 
JUSTIFICATION:
The Board of Parole, as a matter of practice, will review all statements
made by private individuals regarding particular candidates for release.
This includes letters and other statements made by a variety of individ-
uals both in support of and in opposition to that candidate's release.
The Executive Law implicitly allows the consideration of these state-
ments by providing for how the Board must treat the information of the
individuals who submit them. Courts also have endorsed the practice.
However, a minority of trial courts recently have prohibited the Board
from considering statements in opposition from individuals who are not
included within the narrow definition of victim or victim representative
provided by statute.
They do not appear to have considered the implication of their ruling on
statements in support, which similarly would be restricted. This princi-
ple could lead to a perverse situation in which individuals affected by
a release determination are unable to communicate this fact to the
Board. The individuals so silenced would include both persons affected
by the crime but not included in the narrow definition of victim repre-
sentative, such as bystanders and friends and relatives of the victim,
as well as family members and friends of the incarcerated individual
expressing support for release. Consequently, this bill would explicit-
ly authorize the Board to consider these statements.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.183/A.4704 Referred to Crime Victims, Crime and Correction
2021-22: S.2261A/A.9048 Referred to Crime Victims, Crime and Correction
2019-20: S.1745 Referred to Crime Victims, Crime and Correction
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This bill would take effect immediately.

Statutes affected:
S321: 259-i executive law, 259-i(2) executive law