New Regulations Proposed to Ensure Consideration of Risk and Rehabilitation During Parole Decisions

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