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NY A04423

Bill

Status

Introduced

2/14/2023

Primary Sponsor

Daniel O'Donnell

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Amends Executive Law Section 259-c to require the state board of parole to use risk and needs assessment principles as the basis for determining if an incarcerated individual is likely to remain at liberty without violating the law.

  • Requires risk and needs assessments to comprise presumptive evidence of an incarcerated individual's risk of re-offense, and mandates detailed, individualized written explanations when the board overrides such assessments.

  • Prohibits override decisions from being based solely on information about the instant offense and pre-sentencing reports.

  • Requires the Department of Corrections to allow incarcerated individuals to review their risk and needs assessments two months before parole board appearances and request corrections for factual errors, with appeals decided within 30 days.

  • Mandates a de novo parole interview within two months if a substantial error (one that worsens the individual's risk assessment score) is discovered after a parole denial.

Legislative Description

Requires the use of risk and needs assessments in parole decisions; provides a process permitting incarcerated individuals 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

1/3/2024

Committee Referrals

Correction2/14/2023

Full Bill Text

No bill text available