Bill Text: NY A10389 | 2021-2022 | General Assembly | Introduced
Bill Title: Permits the parole board to extend the time for reconsideration of parole for violent felony offenders to forty-eight months from a negative determination.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-05-13 - referred to correction [A10389 Detail]
Download: New_York-2021-A10389-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10389 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Stern) -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to extending the time for reconsideration of parole for violent felony offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of 2 section 259-i of the executive law, as separately amended by section 6 3 of chapter 103 and section 11 of chapter 322 of the laws of 2021, is 4 amended to read as follows: 5 (i) Except as provided in subparagraph (ii) of this paragraph, at 6 least one month prior to the date on which an incarcerated individual 7 may be paroled pursuant to subdivision one of section 70.40 of the penal 8 law, a member or members as determined by the rules of the board shall 9 personally interview such incarcerated individual and determine whether 10 he or she should be paroled in accordance with the guidelines adopted 11 pursuant to subdivision four of section two hundred fifty-nine-c of this 12 article. If parole is not granted upon such review, the incarcerated 13 individual shall be informed in writing within two weeks of such appear- 14 ance of the factors and reasons for such denial of parole. Such reasons 15 shall be given in detail and not in conclusory terms. The board shall 16 specify a date for reconsideration which is either twenty-four or 17 forty-eight months from such determination for violent felony offenders, 18 or not more than twenty-four months from such determination for [recon-19sideration] all other offenders, and the procedures to be followed upon 20 reconsideration shall be the same. If the incarcerated individual is 21 released, he or she shall be given a copy of the conditions of parole. 22 Such conditions shall where appropriate, include a requirement that the 23 parolee comply with any restitution order, mandatory surcharge, sex 24 offender registration fee and DNA databank fee previously imposed by a 25 court of competent jurisdiction that applies to the parolee. The condi- 26 tions shall indicate which restitution collection agency established 27 under subdivision eight of section 420.10 of the criminal procedure law, 28 shall be responsible for collection of restitution, mandatory surcharge, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15314-01-2A. 10389 2 1 sex offender registration fees and DNA databank fees as provided for in 2 section 60.35 of the penal law and section eighteen hundred nine of the 3 vehicle and traffic law. If the [inmate] incarcerated individual is 4 released, he or she shall also be notified in writing that his or her 5 voting rights will be restored upon release. 6 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 7 law, as separately amended by section 7 of chapter 103 and section 11-a 8 of chapter 322 of the laws of 2021, is amended to read as follows: 9 (a) At least one month prior to the expiration of the minimum period 10 or periods of imprisonment fixed by the court or board, a member or 11 members as determined by the rules of the board shall personally inter- 12 view an incarcerated individual serving an indeterminate sentence and 13 determine whether he or she should be paroled at the expiration of the 14 minimum period or periods in accordance with the procedures adopted 15 pursuant to subdivision four of section two hundred fifty-nine-c of this 16 article. If parole is not granted upon such review, the incarcerated 17 individual shall be informed in writing within two weeks of such appear- 18 ance of the factors and reasons for such denial of parole. Such reasons 19 shall be given in detail and not in conclusory terms. The board shall 20 specify a date for reconsideration which is either twenty-four or 21 forty-eight months from such determination for violent felony offenders, 22 or not more than twenty-four months from such determination for [recon-23sideration] all other offenders, and the procedures to be followed upon 24 reconsideration shall be the same. If the incarcerated individual is 25 released, he or she shall be given a copy of the conditions of parole. 26 Such conditions shall where appropriate, include a requirement that the 27 parolee comply with any restitution order and mandatory surcharge previ- 28 ously imposed by a court of competent jurisdiction that applies to the 29 parolee. The conditions shall indicate which restitution collection 30 agency established under subdivision eight of section 420.10 of the 31 criminal procedure law, shall be responsible for collection of restitu- 32 tion and mandatory surcharge as provided for in section 60.35 of the 33 penal law and section eighteen hundred nine of the vehicle and traffic 34 law. If the [inmate] incarcerated individual is released, he or she 35 shall also be notified in writing that his or her voting rights will be 36 restored upon release. 37 § 3. This act shall take effect on the sixtieth day after it shall 38 have become a law; provided that the amendments to subparagraph (i) of 39 paragraph (a) of subdivision 2 of section 259-i of the executive law 40 made by section one of this act shall be subject to the expiration and 41 reversion of such paragraph when upon such date the provisions of 42 section two of this act shall take effect.
