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NY A05800

Bill

Status

Introduced

2/19/2019

Primary Sponsor

Daniel O'Donnell

Click for details

Origin

Assembly

2019-2020 General Assembly

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

Committee Referrals

Codes6/4/2019
Correction2/19/2019

Full Bill Text

No bill text available