Relates to records of parole release interviews for inmates detained as sex offenders.
Ayes (12): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Kennedy, Peralta, Espaillat
Ayes W/R (2): Hassell-Thompson, Montgomery
Ayes (31): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Gianaris, Oppenheimer, Peralta, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (3): Duane, Montgomery, Perkins
Nays (1): Parker
TITLE OF BILL: An act to amend the executive law and the mental hygiene law, in relation to records of parole release interviews for certain inmates
PURPOSE: This bill will ensure that all records of parole interviews for sex offenders are transmitted to the Office of Mental Health (OMH) for review by the civil commitment case review panel.
SUMMARY OF PROVISIONS: Section 1 of the bill amends the Executive Law to require the parole board to make a verbatim record of an parole release interviews where the inmate is a detained sex offender.
Section 2 of the bill amends the Mental Hygiene Law to require that records of parole hearings be included with the notice sent to the Office of Mental Health when a sex offender is due to be released and is being considered for civil commitment.
Section 3 of the bill requires the OMH multidisciplinary team, and the case review panel by operation of subdivision (e) of section 10.05 of the mental hygiene law, to review the records of parole hearings for sex offenders.
JUSTIFICATION: Recently, a woman in Utica, NY, was sexually assaulted and murdered by a career rapist named Robert Blainey who had been released from prison and not referred to the Attorney General for civil commitment by the Office of Mental Health (OMB). It has been reported that Blainey is actually quoted in transcripts to the parole board stating:
"Society is safer with me in prison. I can sit here and tell you people I'm not going to do it, I'm not going to do it, but it's not going to make a bit of difference." He concluded: "In your opinion and your eyes I am a low life rapist, which is true, and I'm not going anywhere."
Despite these comments, the case review panel, which responsible for reviewing sex offenders being released and making recommendations to the Attorney General regarding civil commitment, Blainey was not recommended for civil commitment. Instead, he was released and committed a heinous crime.
This legislation will ensure that all transcripts of parole interviews are forwarded to the case review panel and reviewed before a sex offender is released from prison.
LEGISLATIVE HISTORY: New.
FISCAL IMPLICATIONS: To be determined.
Thirty days after is shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6785 IN SENATE March 21, 2012 ___________Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law and the mental hygiene law, in relation to records of parole release interviews for certain inmates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 6 of section 259-i of the executive law, as amended by section 1 of part T of chapter 62 of the laws of 2003, is amended to read as follows: (a) (I) The board shall provide for the making of a verbatim record of each parole release interview, except where a decision is made to release the inmate to parole supervision, and each preliminary and final revocation hearing, except when the decision of the presiding officer after such hearings result in a dismissal of all charged violations of parole, conditional release or post release supervision. (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA- GRAPH, THE BOARD SHALL PROVIDE FOR THE MAKING OF A VERBATIM RECORD OF EACH PAROLE RELEASE INTERVIEW IN ALL PROCEEDINGS WHERE THE INMATE IS A DETAINED SEX OFFENDER AS SUCH TERM IS DEFINED IN SUBDIVISION (G) OF SECTION 10.03 OF THE MENTAL HYGIENE LAW. SUCH RECORD SHALL BE PROVIDED TO THE OFFICE OF MENTAL HEALTH FOR USE BY THE MULTIDISCIPLINARY STAFF AND THE CASE REVIEW PANEL PURSUANT TO SECTION 10.05 OF THE MENTAL HYGIENE LAW. S 2. Paragraph 5 of subdivision (c) of section 10.05 of the mental hygiene law, as added by chapter 7 of the laws of 2007, is amended and a new paragraph 6 is added to read as follow: (5) A description of the person's institutional history, including his or her participation in any sex offender treatment program
[.]; AND (6) RECORDS OF PAROLE RELEASE INTERVIEWS PREPARED PURSUANT TO SUBPAR- AGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW. S 3. Subdivision (d) of section 10.05 of the mental hygiene law, as added by chapter 7 of the laws of 2007, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13861-01-2 S. 6785 2
(d) The commissioner shall be authorized to designate multidiscipli- nary staff, including clinical and other professional personnel, to provide a preliminary review of the need for detained sex offenders to be evaluated under the procedures of this section. When the commissioner receives notice pursuant to subdivision (b) of this section, such staff shall review and assess relevant medical, clinical, criminal,
[or]AND institutional records, actuarial risk assessment instruments [or]AND other records and reports, including RECORDS OF PAROLE RELEASE INTER- VIEWS WHERE APPLICABLE, AND records and reports provided by the district attorney of the county where the person was convicted, or in the case of persons determined to be incapacitated or not responsible by reason of mental disease or defect, the county where the person was charged. Upon such review and assessment, the staff shall determine whether the person who is the subject of the notice should be referred to a case review team for evaluation. S 4. This act shall take effect on the thirtieth day after it shall have become a law.