Loading chat...
NY A05800
Bill
Status
2/19/2019
Primary Sponsor
Daniel O'Donnell
Click for details
AI Summary
-
Requires the State Board of Parole to incorporate risk and needs principles in all parole decision procedures, with such assessments providing presumptive evidence of an inmate's risk of re-offense.
-
Mandates that parole board members use detailed, individualized, and nonconclusory statements to justify any decision to override risk and needs assessment findings, subject to judicial review.
-
Prohibits override decisions from being based solely on information relating to the instant offense and/or pre-sentencing report.
-
Permits inmates to review their risk and needs assessments and non-confidential documents two months before parole board appearances and request corrections for factual mistakes or errors.
-
Requires the Department of Corrections to immediately correct confirmed mistakes or errors, and establishes a 15-day appeal process if the department refuses to correct alleged errors, with commissioner decisions required within 30 days.
-
Entitles inmates denied parole due to substantial mistakes or errors in their risk and needs assessment to a de novo parole interview within two months of discovery.
Legislative Description
Requires the use of risk and needs assessments in parole decisions; provides a process permitting inmates to correct verifiable factual mistakes or errors in their risk and needs assessments or other non-confidential documents given the board prior to their appearances.
Last Action
referred to codes
1/8/2020