Bill Text: NY S02672 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires the division of state parole to issue a detailed written explanation including the factors and reasons considered in the decision to release an inmate from prison within one week of such determination.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02672 Detail]

Download: New_York-2009-S02672-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2672
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2009
                                      ___________
       Introduced  by  Sens. MORAHAN, LARKIN, PADAVAN -- 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 requiring a detailed
         written explanation for the release of an inmate from prison
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of  subdivision 2 of section 259-i of the
    2  executive law, as separately amended by section 11 of part E and section
    3  9 of part F of chapter 62 of the laws of 2003, is  amended  to  read  as
    4  follows:
    5    (a)  (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 should be paroled in
   10  accordance with the guidelines adopted pursuant to subdivision  four  of
   11  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. IF  PAROLE  IS  GRANTED
   18  UPON  SUCH REVIEW, THE PAROLE BOARD SHALL PREPARE WITHIN ONE WEEK OF THE
   19  DETERMINATION TO GRANT PAROLE A WRITTEN EXPLANATION OF THE  FACTORS  AND
   20  REASONS  FOR  THE BOARD'S DECISION. SUCH REASON SHALL BE GIVEN IN DETAIL
   21  AND NOT IN CONCLUSORY TERMS. If the inmate is released, he OR SHE  shall
   22  be given a copy of the conditions of parole. Such conditions shall where
   23  appropriate,  include  a  requirement  that  the parolee comply with any
   24  restitution order, mandatory surcharge, sex  offender  registration  fee
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08566-01-9
       S. 2672                             2
    1  and  DNA  databank fee previously imposed by a court of competent juris-
    2  diction that applies to the parolee. The board of parole shall  indicate
    3  which  restitution collection agency established under subdivision eight
    4  of  section  420.10  of the criminal procedure law, shall be responsible
    5  for collection of restitution, mandatory surcharge, sex offender  regis-
    6  tration  fees  and DNA databank fees as provided for in section 60.35 of
    7  the penal law and section eighteen hundred nine of the vehicle and traf-
    8  fic law.
    9    (ii) Any inmate who is scheduled for presumptive release  pursuant  to
   10  section  eight hundred six of the correction law shall not appear before
   11  the parole board as provided  in  subparagraph  (i)  of  this  paragraph
   12  unless   such  inmate's  scheduled  presumptive  release  is  forfeited,
   13  canceled, or rescinded subsequently as provided in  such  law.  In  such
   14  event,  the  inmate  shall  appear  before  the parole board for release
   15  consideration as provided in subparagraph (i) of this paragraph as  soon
   16  thereafter as is practicable.
   17    S  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
   18  law, as amended by chapter 396 of the laws of 1987, is amended  to  read
   19  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  should be paroled at the expiration of the minimum period or periods
   25  in accordance with the guidelines adopted pursuant to  subdivision  four
   26  of  section  two  hundred fifty-nine-c OF THIS ARTICLE. If parole is not
   27  granted upon such review, the inmate shall be informed in writing within
   28  two weeks of such appearance of the factors and reasons for such  denial
   29  of  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.  IF PAROLE  IS  GRANTED
   33  UPON  SUCH REVIEW, THE PAROLE BOARD SHALL PREPARE WITHIN ONE WEEK OF THE
   34  DETERMINATION TO GRANT PAROLE A WRITTEN EXPLANATION OF THE  FACTORS  AND
   35  REASONS FOR THE BOARD'S DECISION.  SUCH REASONS SHALL BE GIVEN IN DETAIL
   36  AND  NOT IN CONCLUSORY TERMS. If the inmate is released, he OR SHE shall
   37  be given a copy of the conditions of parole. Such conditions shall where
   38  appropriate, include a requirement that  the  parolee  comply  with  any
   39  restitution  order and mandatory surcharge previously imposed by a court
   40  of competent jurisdiction that applies to  the  parolee.  The  board  of
   41  parole  shall  indicate  which restitution collection agency established
   42  under subdivision eight of section 420.10 of the criminal procedure law,
   43  shall  be  responsible  for  collection  of  restitution  and  mandatory
   44  surcharge  as provided for in section 60.35 of the penal law and section
   45  eighteen hundred nine of the vehicle and traffic law.
   46    S 3. This act shall take effect immediately; provided,  however,  that
   47  the amendments to paragraph (a) of subdivision 2 of section 259-i of the
   48  executive law made by section one of this act shall not affect the expi-
   49  ration  and  reversion of such paragraph as provided in subdivision d of
   50  section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
   51  date the provisions of section two of this act shall take effect.