S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1330--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. MONTGOMERY, DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER,
         PARKER, STAVISKY -- read twice and ordered printed, and  when  printed
         to  be  committed  to  the  Committee  on  Crime  Victims,  Crime  and
         Correction -- recommitted to the Committee on Crime Victims, Crime and
         Correction in accordance with Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the executive law, in relation to altering the member-
         ship of the state board of parole
         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 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    1. There shall be in the department a state board  of  parole  [which]
    5  THAT  shall  possess  the  powers  and duties hereinafter specified. The
    6  board shall function independently of the department  regarding  all  of
    7  its  decision-making  functions,  as well as any other powers and duties
    8  specified  in  this  article,  provided,  however,  that  administrative
    9  matters of general applicability within the department shall be applica-
   10  ble  to  the  board.  [Such]  ON  AND  AFTER JANUARY FIRST, TWO THOUSAND
   11  FIFTEEN, SUCH board shall consist of [not more  than]  nineteen  members
   12  [appointed  by  the governor with the advice and consent of the senate],
   13  NINE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, THREE OF WHOM SHALL  BE
   14  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE SENATE, THREE OF WHOM SHALL
   15  BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY,  TWO  OF  WHOM  SHALL  BE
   16  APPOINTED BY THE MINORITY LEADER OF THE SENATE, AND TWO OF WHOM SHALL BE
   17  APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.  The term of office of
   18  each  member  of  such  board shall be for six years; provided, however,
   19  that any member chosen to fill a vacancy  occurring  otherwise  than  by
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03893-02-4
       S. 1330--A                          2
    1  expiration of term shall be appointed for the remainder of the unexpired
    2  term  of  the  member  whom he OR SHE is to succeed. In the event of the
    3  inability to act of any member, the governor may appoint some  competent
    4  informed  person  to  act  in his OR HER stead during the continuance of
    5  such disability.
    6    S 2. The state board of parole as constituted on the effective date of
    7  this section is hereby abolished as of January 1, 2015. Members  of  the
    8  state  board  of  parole  as  constituted  pursuant to the provisions of
    9  subdivision 1 of section 259-b of  the  executive  law,  as  amended  by
   10  section  one  of  this  act, shall be appointed by the appropriate state
   11  official prior to January 1, 2015, so that such board may be fully oper-
   12  ative on and after such date.
   13    S 3. This act shall take effect immediately.