Bill Text: NY S00992 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires the provision of translation services for inmates appearing before the parole board.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-11-28 - APPROVAL MEMO.14 [S00992 Detail]

Download: New_York-2015-S00992-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          992
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced  by  Sens. RIVERA, PERKINS -- read twice and ordered printed,
         and when printed to be committed to the Committee  on  Crime  Victims,
         Crime and Correction
       AN  ACT  to amend the executive law, in relation to translation services
         for inmates appearing before the parole board
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 259-e of the executive law, as amended by section
    2  38-c of subpart A of part C of chapter  62  of  the  laws  of  2011,  is
    3  amended to read as follows:
    4    S  259-e.  Institutional parole services. The department shall provide
    5  institutional parole services. Such services shall  include  preparation
    6  of  reports  and other data required by the state board of parole in the
    7  exercise of  its  functions  with  respect  to  release  on  presumptive
    8  release,  parole,  conditional  release  or  post-release supervision of
    9  inmates.  ADDITIONALLY, THE DEPARTMENT SHALL DETERMINE WHICH INMATES ARE
   10  IN NEED OF A DEAF LANGUAGE INTERPRETER OR AN ENGLISH LANGUAGE INTERPRET-
   11  ER, AND SHALL INFORM THE BOARD OF SUCH NEED WITHIN A  REASONABLE  PERIOD
   12  OF  TIME  PRIOR  TO  AN  INMATE'S SCHEDULED APPEARANCE BEFORE THE BOARD.
   13  Employees of the department who  collect  data,  interview  inmates  and
   14  prepare  reports for the state board of parole in institutions under the
   15  jurisdiction of the department shall work under the  direct  supervision
   16  of  the  deputy  commissioner  of  the  department  in charge of program
   17  services. Data and reports submitted to  the  board  shall  address  the
   18  statutory factors to be considered by the board pursuant to the relevant
   19  provisions of section two hundred fifty-nine-i of this article.
   20    S  2.  Section  259-i  of the executive law is amended by adding a new
   21  subdivision 8 to read as follows:
   22    8. FOREIGN BORN OR NON-ENGLISH SPEAKING PERSON BEFORE THE BOARD.  UPON
   23  NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED  FIFTY-
   24  NINE-E  OF THIS ARTICLE, OR UPON THE REQUEST OF ANY FOREIGN BORN OR NON-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05904-01-5
       S. 992                              2
    1  ENGLISH SPEAKING PERSON WHO IS SCHEDULED TO PARTICIPATE IN AN INTERVIEW,
    2  PAROLE RELEASE HEARING, PRELIMINARY HEARING OR REVOCATION HEARING, THERE
    3  SHALL BE APPOINTED A QUALIFIED INTERPRETER WHO IS CERTIFIED BY A  RECOG-
    4  NIZED  NATIONAL  OR  NEW YORK STATE CREDENTIALING AUTHORITY TO INTERPRET
    5  THE PROCEEDINGS TO AND THE STATEMENTS OR TESTIMONY OF SUCH  PERSON.  THE
    6  BOARD  SHALL  DETERMINE  A  REASONABLE  FEE  FOR  ALL  SUCH INTERPRETING
    7  SERVICES, THE COST OF WHICH SHALL BE A CHARGE UPON THE BOARD OF  PAROLE.
    8  NO  SUCH  REQUEST  OR  APPOINTMENT  SHALL  CAUSE A DELAY OF RELEASE FROM
    9  INCARCERATION OF SUCH PERSON.
   10    S 3. This act shall take effect on the  one  hundredth  day  after  it
   11  shall have become a law.