Bill Text: NY S02697 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to appeals of parole determination, including parole release interviews, parole decisions by the board and petitions regarding release decisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02697 Detail]
Download: New_York-2019-S02697-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2697 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sen. SEPULVEDA -- 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 appeals of parole determination The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 4 of section 259-i of 2 the executive law, paragraph (a) as amended by section 11 of part E of 3 chapter 62 of the laws of 2003 and paragraph (b) as added by chapter 904 4 of the laws of 1977, are amended to read as follows: 5 (a) Except for determinations made upon preliminary hearings upon 6 allegations of violation of presumptive release, parole, conditional 7 release or post-release supervision, all determinations made pursuant to 8 this section may be appealed in accordance with rules promulgated by the 9 board except that a decision by the board denying parole release shall 10 be a final decision for the purposes of article seventy-eight of the 11 civil practice laws and rules. Any board member who participated in the 12 decision from which the appeal is taken may not participate in the 13 resolution of that appeal. The rules of the board may specify a time 14 within which any appeal shall be taken and resolved. 15 (b) Upon an appeal [to the] from a board decision, the inmate may be 16 represented by an attorney. Where the inmate is financially unable to 17 provide for his own or her attorney, upon request an attorney shall be 18 assigned pursuant to the provisions of subparagraph (v) of paragraph (f) 19 of subdivision three of this section. 20 § 2. Subdivision 5 of section 259-i of the executive law, as amended 21 by chapter 166 of the laws of 1991, is amended to read as follows: 22 5. Actions of the board. Any action by the board or by a hearing offi- 23 cer pursuant to this article shall be deemed a judicial function and 24 shall not be reviewable if done in accordance with law except that upon EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08578-01-9S. 2697 2 1 an appropriate petition the court may consider a release decision de 2 novo. The court may in its own discretion require an appearance by the 3 petitioner. The court may affirm the decision of the board, modify the 4 decision, order a de novo interview for reconsideration by the board or 5 provide a release date for the petitioner. 6 § 3. Subparagraph (i) of paragraph (a) of subdivision 6 of section 7 259-i of the executive law, as amended by chapter 363 of the laws of 8 2012, is amended to read as follows: 9 (i) The board shall provide for the making of a verbatim record of 10 each parole release interview within thirty days of such interview, 11 except where a decision is made to release the inmate to parole super- 12 vision, and each preliminary and final revocation hearing, except when 13 the decision of the presiding officer after such hearings result in a 14 dismissal of all charged violations of parole, conditional release or 15 post release supervision. An audio recording shall also be made of each 16 parole release interview in its entirety. All documents submitted to the 17 board shall be included in the hearing record for purposes of appeal. 18 § 4. This act shall take effect on the one hundred eightieth day after 19 it shall have become a law.
