STATE OF NEW YORK
________________________________________________________________________
5407
2017-2018 Regular Sessions
IN SENATE
March 24, 2017
___________
Introduced by Sen. GALLIVAN -- (at request of the Board of Parole) --
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 updating terminology
and correcting citations
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (e) of subdivision 2 of section 259-i of the
2 executive law, as added by chapter 55 of the laws of 1992, is amended to
3 read as follows:
4 (e) Notwithstanding the requirements of paragraph (a) of this subdivi-
5 sion, the determination to parole an inmate who has successfully
6 completed the shock incarceration program pursuant to section [two]
7 eight hundred sixty-seven of the correction law may be made without a
8 personal interview of the inmate and shall be made in accordance with
9 procedures set forth in the rules of the board. If parole is not grant-
10 ed, the time period for reconsideration shall not exceed the court
11 imposed minimum.
12 § 2. Subdivision 7 of section 259-i of the executive law, as amended
13 by chapter 703 of the laws of 1991, is amended to read as follows:
14 7. Deaf person before the board. Whenever any deaf person participates
15 in an interview, parole release hearing, preliminary hearing or revoca-
16 tion hearing, there shall be appointed a qualified interpreter who is
17 certified by a recognized national or New York state credentialing
18 authority to interpret the proceedings to and the statements or testimo-
19 ny of such deaf person. The [board] department shall determine a reason-
20 able fee for all such interpreting services, the cost of which shall be
21 a charge upon the [division of parole] department.
22 § 3. The section heading and subdivision 3 of section 259-q of the
23 executive law, the section heading as added by chapter 904 of the laws
24 of 1977, and subdivision 3 as amended by section 38-k-1 of subpart A of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10112-01-7
S. 5407 2
1 part C of chapter 62 of the laws of 2011, are amended to read as
2 follows:
3 Civil actions against [division] board personnel.
4 3. The state shall save harmless and indemnify any officer or employee
5 of the board of parole or former division of parole from financial loss
6 resulting from a claim filed in a court of the United States for damages
7 arising out of an act done or the failure to perform any act that was
8 (a) within the scope of the employment and in the discharge of the
9 duties of such officer or employee, and (b) not done or omitted with the
10 intent to violate any rule or regulation of the department, board or
11 former division or of any statute or governing case law of the state or
12 of the United States at the time the damages were sustained; provided
13 that the officer or employee shall comply with the provisions of subdi-
14 vision four of section seventeen of the public officers law.
15 § 4. This act shall take effect immediately.