Bill Text: NY A08815 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that no decision of the board with respect to the granting of parole to a person sentenced to an indeterminate term upon conviction of a class A felony shall become effective for a period of thirty days, during which the governor may review the decision; authorizes the governor to only affirm, modify, or reverse the decision of the parole board on the basis of the same factors which the board is required to consider.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2022-01-12 - referred to correction [A08815 Detail]

Download: New_York-2021-A08815-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8815

                   IN ASSEMBLY

                                    January 12, 2022
                                       ___________

        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Correction

        AN  ACT to amend the executive law, in relation to granting the governor
          the authority to override a parole board's decision to grant parole

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  5  of section 259-i of the executive law, as
     2  amended by chapter 166 of the laws of 1991, is amended and a new  subdi-
     3  vision 5-a is added to read as follows:
     4    5. Actions of the board. Any action by the board or by a hearing offi-
     5  cer  pursuant  to  this  article shall be deemed a judicial function and
     6  shall not be reviewable if  done  in  accordance  with  law,  except  as
     7  provided in subdivision five-a of this section.
     8    5-a.  No  decision of the board with respect to the granting of parole
     9  to a person sentenced to an indeterminate  term  upon  conviction  of  a
    10  class  A  felony  shall  become  effective  for a period of thirty days,
    11  during which the governor may review the decision.    The  governor  may
    12  only  affirm, modify, or reverse the decision of the parole board on the
    13  basis of the same factors which the board is required to  consider.  The
    14  governor  shall report to the legislature each parole decision affirmed,
    15  modified, or reversed, stating the pertinent facts and reasons  for  the
    16  action.
    17    §  2.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13357-01-1