Governor Andrew Cuomo today announced the
proposal of new regulations that would require New York State Board of
Parole commissioners to consider both an inmate's current risk to public
safety and that individual's own needs, as well as offer explanations
of those findings, before making any release decision. The proposed
regulations, which are currently available in the State Register for public comment, build upon Governor Cuomo's call during his State
of the State for increasing transparency in the Board of Parole's
decision-making process.
Confidence in the criminal justice system
is paramount and these new regulations will help increase transparency,
fairness and accountability in the parole process," Governor Cuomo said.
"Opening up the Parole Board's decision making and instituting these
new commonsense guidelines will help ensure the work of those trying to
rehabilitate their lives does not go unrecognized, and that those who
still present a public threat remain behind bars."
If adopted, the proposed regulations would
require the Board's release determination to incorporate an inmate's
current score on a risk and needs assessment called the Correctional
Offender Management Profiling for Alternative Sanctions. If the Board
departs from the scores, it must specify the reason for doing so, after
discussing each applicable factor, including the applicant's behavior in
prison and the seriousness of the offense on the record. If release is
denied, the Board must articulate reasons in factually individualized,
non-conclusory terms.
Additionally, the regulations would direct
the Board to consider the diminished culpability due to age at the time
of the crime and to weigh any demonstrated growth and maturity since the
time of the offense when considering individuals serving a maximum of a
life sentence for crimes committed when they were under the age of 18.
These considerations are required by recent United States Supreme Court
jurisprudence regarding people facing life in prison for crimes
committed as juveniles.
Board of Parole Chair Tina Stanford said,
"The Board of Parole is committed to following through on Governor
Cuomo’s vision to enhance transparency when it comes to making decisions
that are in the best interest of public safety and the individual
seeking release. The Board is required to develop written procedures
that incorporate risk and needs principles, and these new regulations
demonstrate our continued commitment to follow these principles in our
release decisions."
Glenn E. Martin, President, JustLeadershipUSA, said, "The
new rules adopted by the Board of Parole respond to a longstanding
demand for greater accountability and responsibility in decision-making.
These common-sense regulations are an important first step towards a
more fair and just criminal justice system in New York State, for both
victims and incarcerated New Yorkers."
Source: Press Office, Governor Andrew M. Cuomo
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