Bill Text: NY S02787 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to inmate interviews by the state board of parole; requires such parole board interviews of inmates to be conducted in person and in the correctional facility where such inmate is housed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02787 Detail]
Download: New_York-2021-S02787-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2787 2021-2022 Regular Sessions IN SENATE January 25, 2021 ___________ 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 inmate interviews by 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. 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 conduct an in-person interview of such inmate in the correctional facil- 10 ity where he or she is housed and determine whether he or she should be 11 paroled in accordance with the guidelines adopted pursuant to subdivi- 12 sion four of section two hundred fifty-nine-c of this article. If parole 13 is not granted upon such review, the inmate shall be informed in writing 14 within two weeks of such appearance of the factors and reasons for such 15 denial of parole. Such reasons shall be given in detail and not in 16 conclusory terms. The board shall specify a date not more than twenty- 17 four months from such determination for reconsideration, and the proce- 18 dures to be followed upon reconsideration shall be the same. If the 19 inmate is released, he or she shall be given a copy of the conditions of 20 parole. Such conditions shall where appropriate, include a requirement 21 that the parolee comply with any restitution order, mandatory surcharge, 22 sex offender registration fee and DNA databank fee previously imposed by 23 a court of competent jurisdiction that applies to the parolee. The 24 conditions shall indicate which restitution collection agency estab- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05939-01-1S. 2787 2 1 lished under subdivision eight of section 420.10 of the criminal proce- 2 dure law, shall be responsible for collection of restitution, mandatory 3 surcharge, sex offender registration fees and DNA databank fees as 4 provided for in section 60.35 of the penal law and section eighteen 5 hundred nine of the vehicle and traffic law. 6 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 7 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 8 of the laws of 2011, is amended to read as follows: 9 (a) At least one month prior to the expiration of the minimum period 10 or periods of imprisonment fixed by the court or board, a member or 11 members as determined by the rules of the board shall [personally] 12 conduct an in-person interview of an inmate serving an indeterminate 13 sentence in the correctional facility where he or she is housed and 14 determine whether he or she should be paroled at the expiration of the 15 minimum period or periods in accordance with the procedures adopted 16 pursuant to subdivision four of section two hundred fifty-nine-c of this 17 article. If parole is not granted upon such review, the inmate shall be 18 informed in writing within two weeks of such appearance of the factors 19 and reasons for such denial of parole. Such reasons shall be given in 20 detail and not in conclusory terms. The board shall specify a date not 21 more than twenty-four months from such determination for reconsider- 22 ation, and the procedures to be followed upon reconsideration shall be 23 the same. If the inmate is released, he or she shall be given a copy of 24 the conditions of parole. Such conditions shall where appropriate, 25 include a requirement that the parolee comply with any restitution order 26 and mandatory surcharge previously imposed by a court of competent 27 jurisdiction that applies to the parolee. The conditions shall indicate 28 which restitution collection agency established under subdivision eight 29 of section 420.10 of the criminal procedure law, shall be responsible 30 for collection of restitution and mandatory surcharge as provided for in 31 section 60.35 of the penal law and section eighteen hundred nine of the 32 vehicle and traffic law. 33 § 3. This act shall take effect one year after the date on which it 34 shall have become a law; provided, that the amendments to paragraph (a) 35 of subdivision 2 of section 259-i of the executive law made by section 36 one of this act shall be subject to the expiration and reversion of such 37 subdivision pursuant to subdivision d of section 74 of chapter 3 of the 38 laws of 1995, as amended, when upon such date the provisions of section 39 two of this act shall take effect.