N.Y. Comp. Codes R. & Regs. tit. 9 § 8002.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 8002.2 - Parole release decision-making

(a) Risk and Needs Principles: In making a release determination, the Board shall be guided by risk and needs principles, including the inmate's risk and needs scores as generated by a periodically-validated risk assessment instrument, if prepared by the Department of Corrections and Community Supervision (collectively, "Department Risk and Needs Assessment"). If a Board determination, denying release, departs from the Department Risk and Needs Assessment's scores, the Board shall specify any scale within the Department Risk and Needs Assessment from which it departed and provide an individualized reason for such departure. If other risk and need assessments or evaluations are prepared to assist in determining the inmate's treatment, release plan, or risk of reoffending, and such assessments or evaluations are made available for review at the time of the interview, the Board may consider these as well.

(b) Transitional accountability plan: The Board also shall consider the most current case plan that may have been developed by the New York State Department of Corrections and Community Supervision pursuant to Section 71-a of the Correction Law.

(c) Minor offenders: Guiding Principles. Minor offenders a re inmates serving a maximum sentence of life imprisonment for a crime committed prior to the individual attaining 18 years of age.

1. When making any parole release decision pursuant to section 259i(2)(c)(A) of the Executive Law for a minor offender, the Boa rd shall, consider the following:

i. The diminished culpability of youth; and

ii. Growth and maturity since the time of the commitment offense.

2. Information presented that the hallmark features of youth were causative of, or contributing factors to, a minor offender's commitment offense, should not, in itself, be construed to demonstrate lack of insight or minimization of the minor offender's role in the commitment offense. The hallmark features of youth include immaturity, impetuosity, a failure to appreciate risks and consequences, and susceptibility to pee r and familial pressures.

(d) Factors to be Considered in All Release Determinations: The Board shall consider the following factors in making a release determination:

(1) the institutional record, including program goals and accomplishments, academic achievements, vocational education training or work assignments, therapy and interactions with staff and inmates;

(2) performance, if any, as a participant in a temporary release program;

(3) release plans, including community resources, employment, education and training and support services available to the inmate;

(4) any deportation order issued by the Federal government against the inmate while in the custody of the Department of Corrections and Community Supervision and any recommendation regarding deportation made by the Commissioner of the Department of Corrections and Community Supervision pursuant to section 147 of the Correction Law;

(5) any statement made or submitted to the Board by the crime victim or the victim's representative, where the crime victim is de ceased or is mentally or physically incapacitated;

(6) the length of the determinate sentence to which the inmate would be subject had he or she received a sentence pursuant to section 70.70 or section 70.71 of the Penal Law for a felony defined in article 220 or article 221 of the Penal Law;

(7) the seriousness of the offense with due consideration to the type of sentence, length of sentence and recommendations of the sentencing court, the district attorney and the attorney who represented the inmate in connection with the conviction for which the inmate is currently incarcerated, the pre-sentence probation report, as well as consideration of any mitigating and aggravating factors, and activities following arrest prior to the inmate's current confinement; and

(8) prior criminal record, including the nature and pattern of the inmate's offenses, age at the time of commitment of any prior criminal offense, adjustment to any previous periods of probation, community supervision and institutional confinement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8002.2

Amended, New York State Register, Volume XXXVI, Issue 30, effective 7/30/2014

Adopted New York State Register September 27, 2017/Volume XXXIX, Issue 39, eff. 9/27/2017