New York Assembly Bill A03523

New York 2025-2026 Regular Session

• Introduced: 1/28/25
• Refer: 1/28/25

Caption

Requires that all comments and testimony made by a third party either in support or opposition in a parole hearing shall be considered when coming to a decision; adds provisions relating to confidentiality of victim statements.

Summary

This bill amends New York’s parole and victim-notification laws to expand what the State Board of Parole must consider when deciding whether to grant discretionary release. In addition to the existing factors such as institutional record, release plans, seriousness of the offense, and prior criminal history, the board would be required to consider any statement in support of or opposition to release made by a third party. The bill also updates language in the parole statute to use gender-neutral terms and clarifies how certain sentencing comparisons are to be considered for drug-related felony offenses. The bill further revises the crime-victim notice and statement process. It requires that victims be informed that written, audiotaped, or videotaped victim impact statements are confidential and available only to the parole board for parole decision-making. It also preserves the victim’s right to submit a statement or meet with a parole board member at each parole interview, and requires the district attorney’s post-disposition notice to include that information. The bill takes effect 90 days after enactment, with immediate authorization for any needed implementing regulations.

Impact

If enacted, the bill would amend Executive Law section 259-i and Criminal Procedure Law section 440.50, changing the parole board’s mandatory consideration list and the handling of victim impact statements. It would broaden the evidentiary record before the board by expressly including third-party support or opposition statements, while also strengthening confidentiality protections for victim statements and limiting their use to parole decision-making. The bill would affect incarcerated individuals seeking parole, crime victims and their representatives, district attorneys, and the Department of Corrections and Community Supervision.

Sentiment

The available context suggests the bill is framed as a parole-process and victim-rights measure, with an emphasis on ensuring that all relevant comments are considered and that victim statements are protected as confidential. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of formal support or opposition in the legislative record included here. The bill’s caption indicates a policy goal of incorporating third-party testimony into parole decisions while also adding confidentiality provisions for victim statements.

Contention

The main point of contention is likely the expansion of parole-board consideration to include third-party comments, which could be viewed by supporters as improving transparency and by critics as potentially adding subjective or duplicative input to parole determinations. Another possible area of debate is the confidentiality treatment of victim statements: the bill makes them available only to the parole board, which may be seen as protecting victims’ privacy, but it also formalizes their use in parole decisions and may raise questions about access and procedural fairness for incarcerated individuals. No specific named opponents or supporters are identified in the provided materials.