Bill Text: NY A06353 | 2017-2018 | General Assembly | Amended

---

Bill Title: Requires that an inmate who has appeared before the board of parole prior to having completed any program required by the department of corrections and community supervision, and has been denied release, shall be immediately placed into the required program.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2017-12-18 - approval memo.47 [A06353 Detail]

Download: New_York-2017-A06353-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         6353--B
                                                                Cal. No. 233
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 3, 2017
                                       ___________
        Introduced by M. of A. WEPRIN, BLAKE, SEPULVEDA, WALKER -- read once and
          referred  to the Committee on Correction -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported from committee, advanced to a third reading, amended
          and ordered reprinted, retaining its place on the order of third read-
          ing
        AN ACT to amend the correction law and the executive law, in relation to
          enrolling inmates into programs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section 137 of the correction law, as
     2  added by chapter 476 of the laws of 1970, is amended to read as follows:
     3    1. The commissioner shall establish program and classification  proce-
     4  dures designed to assure the complete study of the background and condi-
     5  tion  of  each  inmate  in the care or custody of the department and the
     6  assignment of such inmate to a program that is most likely to be  useful
     7  in  assisting  him  to  refrain  from future violations of the law. Such
     8  procedures shall be incorporated into the rules and regulations  of  the
     9  department  and  shall require among other things:  consideration of the
    10  physical, mental and emotional condition of the inmate; consideration of
    11  his educational and vocational  needs;  enrollment  of  each  inmate  in
    12  assigned programs as soon as practicable; consideration of the danger he
    13  presents  to the community or to other inmates; the recording of contin-
    14  uous case histories including notations as to apparent success or  fail-
    15  ure  of  treatment  employed;  and periodic review of case histories and
    16  treatment methods used.
    17    § 2. Subdivision 1 of section 259-l of the executive law,  as  amended
    18  by  section  38-j  of  subpart  A of part C of chapter 62 of the laws of
    19  2011, is amended to read as follows:
    20    1. It shall be the duty of the commissioner of corrections and  commu-
    21  nity  supervision  to [insure] ensure that all officers and employees of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10378-07-7
        A. 6353--B                          2
     1  the department shall at all times cooperate with the board of parole and
     2  shall furnish to such members of the board and employees  of  the  board
     3  such  information  as may be appropriate to enable them to perform their
     4  independent  decision  making  functions.  It is also his or her duty to
     5  ensure that the functions of the board of parole are not hampered in any
     6  way, including but not limited to: a restriction of resources  including
     7  staff  assistance; limited access to vital information; and presentation
     8  of inmate information in a manner that may inappropriately influence the
     9  board in its decision making.  Where an inmate has appeared  before  the
    10  board  prior to having completed any program assigned by the department,
    11  and where the board has denied such inmate release pursuant to paragraph
    12  (a) of subdivision two of section two hundred fifty-nine-i of this arti-
    13  cle, the department shall prioritize such inmate's  immediate  placement
    14  into the assigned program.
    15    § 3. This act shall take effect immediately.