BILL NUMBER: S846
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to statements to the state board of parole
 
PURPOSE:
To require that the state board of parole consider statements made to
the board by a third party, when considering a discretionary release on
parole, and to keep all statements made to the parole board confidential
and only available to the parole board.
 
SUMMARY OF PROVISIONS:
Section one amends section 259-i of the executive law to require the
state board of parole to consider all statements offered when consider-
ing discretionary parole.
Section two also amends section 259-i of the executive law to keep all
statements made to the state board of parole confidential, except to the
board for use in considering discretionary parole.
Section three amends section 440.50 of the criminal procedure law to
inform victims of the confidentiality of victim impact statements.
Section four provides the effective date.
 
EXISTING LAW:
Existing law does not require the state board of parole to consider all
testimony offered at a parole hearing but instead limits the board to
considering only the statements made by the crime victim or in some
cases a representative for the victim.
Under existing law, only the name and address of a person providing a
statement to the state board of parole for a discretionary parole hear-
ing is kept confidential.
 
JUSTIFICATION:
Parole hearings should provide a chance for victims and other interested
members of society to provide testimony regarding a potential parolee.
Current law does not require the state board of parole to consider all
testimony provided at a parole hearing, and in fact regulations severely
limit what testimony may be considered.
Parole hearings should provide a meaningful opportunity for individuals
whose lives have been impacted by a serious crime to explain the impact
the crime has had on their lives, whether that be through written
comments or oral testimony. Limiting testimony to only the victim and
not allowing for additional input from other family members or from the
impacted community negates the wide-reaching effect a serious crime
often has. Whatever resources are required to ensure that the voices of
all victims of a crime are heard and considered in a parole hearing
setting is well worth the cost. In addition, statements made to the
state board of parole for purposes of a parole hearing should be kept
confidential, and for the sole use of the board in its consideration of
whether to grant parole. Redacting only the name and address of the
person making a statement does not sufficiently protect the identity of
individuals providing testimony. This bill extends that confidentiality
to the entire statement.
 
LEGISLATIVE HISTORY:
2023-24: S.4480/A.2494 Referred to Crime Victims, Crime and Correction
2019-20: S.1410/A.938 Referred to Crime Victims, Crime and Correction
2017-18: S.7531B/A.10692 Passed Senate/Referred to Correction
 
FISCAL IMPLICATIONS:
Minimal impact expected.
 
EFFECTIVE DATE:
Takes effect on the ninetieth day after it becomes law.

Statutes affected:
S846: 259-i executive law, 259-i(2) executive law, 440.50 criminal procedure law, 440.50(1) criminal procedure law