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NY A04452
Bill
Status
2/4/2021
Primary Sponsor
Daniel O'Donnell
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AI Summary
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Requires the State Board of Parole to establish written procedures incorporating risk and needs principles in parole decisions, with such principles serving as the basis for determining if an inmate will live at liberty without violating the law.
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Mandates that risk and needs assessments comprise presumptive evidence of an inmate's re-offense risk, and requires the board to provide detailed, individualized, and nonconclusory statements when overriding assessment findings, subject to judicial review.
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Permits inmates to review their risk and needs assessments and related documents two months before parole board appearance and request corrections for factual mistakes or errors, with the department required to correct confirmed errors or allow the inmate to appeal within fifteen days.
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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, defining substantial error as any mistake that worsens the inmate's overall risk assessment score.
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Takes effect immediately upon enactment.
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 correction
1/5/2022