Bill Text: NY A11068 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows for the removal of members of the state board of parole by a majority vote in the senate and the assembly, requires three or more members of such board personally interview potential parolees, and requires that the determination to parole an inmate be unanimous.

Spectrum: Partisan Bill (Republican 33-0)

Status: (Introduced - Dead) 2020-10-07 - referred to correction [A11068 Detail]

Download: New_York-2019-A11068-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          11068

                   IN ASSEMBLY

                                     October 7, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Barclay,
          Giglio, Palmesano) -- read once  and  referred  to  the  Committee  on
          Correction

        AN  ACT  to  amend  the executive law, in relation to the state board of
          parole membership,  interviews  with  inmates,  and  determination  of
          parole

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

     1    Section 1.  Subdivision 6 of section 259-b of the  executive  law,  as
     2  amended by section 38-a of subpart A of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    6.  Any  member of the board may be removed by the governor [for cause
     5  after an opportunity to be heard] or by a majority vote  in  the  senate
     6  and the assembly.
     7    §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
     8  259-i of the executive law, as amended by section 38-f-1 of subpart A of
     9  part C of chapter 62 of the laws of 2011, is amended to read as follows:
    10    (i) Except as provided in subparagraph  (ii)  of  this  paragraph,  at
    11  least  one  month  prior  to  the date on which an inmate may be paroled
    12  pursuant to subdivision one of section 70.40 of the penal law, a [member
    13  or] minimum of three or more members as determined by the rules  of  the
    14  board shall personally interview such inmate and determine whether he or
    15  she should be paroled in accordance with the guidelines adopted pursuant
    16  to subdivision four of section two hundred fifty-nine-c of this article.
    17  Such determination to parole such inmate shall be unanimous by agreement
    18  of  the  board.  If  parole  is not granted upon such review, the inmate
    19  shall be informed in writing within two weeks of such appearance of  the
    20  factors  and  reasons  for  such denial of parole. Such reasons shall be
    21  given in detail and not in conclusory terms. The board shall  specify  a
    22  date not more than twenty-four months from such determination for recon-
    23  sideration, and the procedures to be followed upon reconsideration shall
    24  be  the same. If the inmate is released, he or she shall be given a copy
    25  of the conditions of parole. Such conditions  shall  where  appropriate,
    26  include  a  requirement  that  the  parolee  comply with any restitution

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17307-01-0
        A. 11068                            2

     1  order, mandatory surcharge, sex offender registration fee and DNA  data-
     2  bank  fee  previously  imposed by a court of competent jurisdiction that
     3  applies to the parolee. The conditions shall indicate which  restitution
     4  collection  agency established under subdivision eight of section 420.10
     5  of the criminal procedure law, shall be responsible  for  collection  of
     6  restitution, mandatory surcharge, sex offender registration fees and DNA
     7  databank  fees  as  provided  for  in section 60.35 of the penal law and
     8  section eighteen hundred nine of the vehicle and traffic law.
     9    § 3. Paragraph (a) of subdivision 2 of section 259-i of the  executive
    10  law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
    11  of the laws of 2011, is amended to read as follows:
    12    (a) At least one month prior to the expiration of the  minimum  period
    13  or  periods  of  imprisonment fixed by the court or board, a [member or]
    14  minimum of three or more members as determined by the rules of the board
    15  shall personally interview an inmate serving an  indeterminate  sentence
    16  and  determine  whether he or she should be paroled at the expiration of
    17  the minimum period or periods in accordance with the procedures  adopted
    18  pursuant to subdivision four of section two hundred fifty-nine-c of this
    19  article.  Such determination to parole such inmate shall be unanimous by
    20  agreement  of  the board. If parole is not granted upon such review, the
    21  inmate shall be informed in writing within two weeks of such  appearance
    22  of the factors and reasons for such denial of parole. Such reasons shall
    23  be  given in detail and not in conclusory terms. The board shall specify
    24  a date not more than twenty-four  months  from  such  determination  for
    25  reconsideration,  and the procedures to be followed upon reconsideration
    26  shall be the same. If the inmate is released, he or she shall be given a
    27  copy of the conditions of parole. Such conditions shall where  appropri-
    28  ate,  include a requirement that the parolee comply with any restitution
    29  order and mandatory surcharge previously imposed by a court of competent
    30  jurisdiction that applies to the parolee. The conditions shall  indicate
    31  which  restitution collection agency established under subdivision eight
    32  of section 420.10 of the criminal procedure law,  shall  be  responsible
    33  for collection of restitution and mandatory surcharge as provided for in
    34  section  60.35 of the penal law and section eighteen hundred nine of the
    35  vehicle and traffic law.
    36    § 4. This act shall take effect immediately, provided that the  amend-
    37  ments  to  paragraph (a) of subdivision 2 of section 259-i of the execu-
    38  tive law made by section two of this act shall be subject to the expira-
    39  tion and reversion of  such  paragraph  pursuant  to  subdivision  d  of
    40  section  74 of chapter 3 of the laws of 1995, as amended, when upon such
    41  date the provisions of section three of this act shall take effect.