Bill Text: NY S05494 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires that an inmate who has appeared before the board of parole prior to having completed any program required by the department of corrections and community supervision, and has been denied release, shall be immediately placed into the required program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-13 - SUBSTITUTED BY A6353B [S05494 Detail]

Download: New_York-2017-S05494-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5494--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      April 3, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the correction law and the executive law, in relation to
          enrolling inmates into programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 137  of  the  correction  law,  as
     2  added by chapter 476 of the laws of 1970, is amended to read as follows:
     3    1.  The commissioner shall establish program and classification proce-
     4  dures designed to assure the complete study of the background and condi-
     5  tion of each inmate in the care or custody of  the  department  and  the
     6  assignment  of such inmate to a program that is most likely to be useful
     7  in assisting him to refrain from future  violations  of  the  law.  Such
     8  procedures  shall  be incorporated into the rules and regulations of the
     9  department and shall require among other things:   consideration of  the
    10  physical, mental and emotional condition of the inmate; consideration of
    11  his  educational  and  vocational  needs;  enrollment  of each inmate in
    12  assigned programs as soon as practicable; consideration of the danger he
    13  presents to the community or to other inmates; the recording of  contin-
    14  uous  case histories including notations as to apparent success or fail-
    15  ure of treatment employed; and periodic review  of  case  histories  and
    16  treatment methods used.
    17    §  2.  Subdivision 1 of section 259-l of the executive law, as amended
    18  by section 38-j of subpart A of part C of chapter  62  of  the  laws  of
    19  2011, is amended to read as follows:
    20    1.  It shall be the duty of the commissioner of corrections and commu-
    21  nity supervision to [insure] ensure that all officers and  employees  of
    22  the department shall at all times cooperate with the board of parole and
    23  shall  furnish  to  such members of the board and employees of the board
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10378-08-7
        S. 5494--A                          2
     1  such information as may be appropriate to enable them to  perform  their
     2  independent  decision  making  functions.  It is also his or her duty to
     3  ensure that the functions of the board of parole are not hampered in any
     4  way,  including but not limited to: a restriction of resources including
     5  staff assistance; limited access to vital information; and  presentation
     6  of inmate information in a manner that may inappropriately influence the
     7  board  in  its decision making.  Where an inmate has appeared before the
     8  board prior to having completed any program assigned by the  department,
     9  and where the board has denied such inmate release pursuant to paragraph
    10  (a) of subdivision two of section two hundred fifty-nine-i of this arti-
    11  cle,  the  department shall prioritize such inmate's immediate placement
    12  into the assigned program.
    13    § 3. This act shall take effect immediately.