Bill Text: NY S01483 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to correction [S01483 Detail]

Download: New_York-2015-S01483-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1483                                                  A. 1680
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 12, 2015
                                      ___________
       IN  SENATE  -- Introduced by Sens. LAVALLE, DeFRANCISCO, GOLDEN, LARKIN,
         SEWARD -- read twice and ordered  printed,  and  when  printed  to  be
         committed to the Committee on Crime Victims, Crime and Correction
       IN ASSEMBLY -- Introduced by M. of A. THIELE, PALMESANO, LAVINE, MAGNAR-
         ELLI, STIRPE, McDONOUGH -- Multi-Sponsored by -- M. of A. GIGLIO, RAIA
         -- read once and referred to the Committee on Correction
       AN  ACT  to  amend  the  executive law, in relation to the time in which
         reconsideration for parole shall be determined
         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  amended  by  section  38-f-1  of
    3  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
    4  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 inmate may be paroled
    7  pursuant to subdivision one of section 70.40 of the penal law, a  member
    8  or  members  as  determined  by  the rules of the board shall personally
    9  interview such inmate and determine whether he OR SHE should be  paroled
   10  in  accordance  with the guidelines adopted pursuant to subdivision four
   11  of section two hundred fifty-nine-c of this article. If  parole  is  not
   12  granted upon such review, the inmate shall be informed in writing within
   13  two  weeks of such appearance of the factors and reasons for such denial
   14  of parole. Such reasons shall be given in detail and not  in  conclusory
   15  terms.  The  board shall specify a date not more than twenty-four months
   16  from such determination for reconsideration, and the  procedures  to  be
   17  followed  upon  reconsideration shall be the same, PROVIDED HOWEVER THAT
   18  IN THE CASE OF AN INMATE SENTENCED FOR A  VIOLENT  FELONY  OFFENSE,  THE
   19  BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
   20  NATION  FOR  RECONSIDERATION,  AND  THE  PROCEDURES  TO BE FOLLOWED UPON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02675-01-5
       S. 1483                             2                            A. 1680
    1  RECONSIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF  THIS  SECTION  A
    2  "VIOLENT  FELONY  OFFENSE"  SHALL  MEAN  A  CONVICTION FOR AN OFFENSE AS
    3  DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
    4  DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
    5  TWO  HUNDRED  TWENTY OF THE PENAL LAW.  If the inmate is released, he OR
    6  SHE shall be given a copy of the conditions of parole.  Such  conditions
    7  shall  where  appropriate, include a requirement that the parolee comply
    8  with any restitution order, mandatory surcharge, sex offender  registra-
    9  tion fee and DNA databank fee previously imposed by a court of competent
   10  jurisdiction  that applies to the parolee. The conditions shall indicate
   11  which restitution collection agency established under subdivision  eight
   12  of  section  420.10  of the criminal procedure law, shall be responsible
   13  for collection of restitution, mandatory surcharge, sex offender  regis-
   14  tration  fees  and DNA databank fees as provided for in section 60.35 of
   15  the penal law and section eighteen hundred nine of the vehicle and traf-
   16  fic law.
   17    S 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
   18  law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
   19  of the laws of 2011, is amended to read as follows:
   20    (a) At least one month prior to the expiration of the  minimum  period
   21  or  periods  of  imprisonment  fixed  by the court or board, a member or
   22  members as determined by the rules of the board shall personally  inter-
   23  view  an  inmate serving an indeterminate sentence and determine whether
   24  he OR SHE should be paroled at the expiration of the minimum  period  or
   25  periods  in  accordance with the procedures adopted pursuant to subdivi-
   26  sion four of section two hundred fifty-nine-c. If parole is not  granted
   27  upon  such  review,  the  inmate shall be informed in writing within two
   28  weeks of such appearance of the factors and reasons for such  denial  of
   29  parole.  Such  reasons  shall  be  given in detail and not in conclusory
   30  terms. The board shall specify a date not more than  twenty-four  months
   31  from  such  determination  for reconsideration, and the procedures to be
   32  followed upon reconsideration shall be the same, PROVIDED  HOWEVER  THAT
   33  IN  THE  CASE  OF  AN INMATE SENTENCED FOR A VIOLENT FELONY OFFENSE, THE
   34  BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
   35  NATION FOR RECONSIDERATION, AND  THE  PROCEDURES  TO  BE  FOLLOWED  UPON
   36  RECONSIDERATION  SHALL  BE  THE SAME. FOR THE PURPOSES OF THIS SECTION A
   37  "VIOLENT FELONY OFFENSE" SHALL MEAN  A  CONVICTION  FOR  AN  OFFENSE  AS
   38  DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
   39  DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
   40  TWO  HUNDRED  TWENTY OF THE PENAL LAW.  If the inmate is released, he OR
   41  SHE shall be given a copy of the conditions of parole.  Such  conditions
   42  shall  where  appropriate, include a requirement that the parolee comply
   43  with any restitution order and mandatory surcharge previously imposed by
   44  a court of competent jurisdiction  that  applies  to  the  parolee.  The
   45  conditions  shall  indicate  which  restitution collection agency estab-
   46  lished under subdivision eight of section 420.10 of the criminal  proce-
   47  dure  law, shall be responsible for collection of restitution and manda-
   48  tory surcharge as provided for in section 60.35 of  the  penal  law  and
   49  section eighteen hundred nine of the vehicle and traffic law.
   50    S  3. This act shall take effect immediately; provided that the amend-
   51  ments to subparagraph (i) of paragraph (a) of subdivision 2  of  section
   52  259-i  of  the  executive  law  made by section one of this act shall be
   53  subject to the expiration and reversion of such  paragraph  pursuant  to
   54  subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
   55  amended, when upon such date the provisions of section two of  this  act
   56  shall take effect.