Bill Text: NY S09017 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows for the removal of members of the state board of parole by a majority vote in the senate and the assembly, requires three or more members of such board personally interview potential parolees, and requires that the determination to parole an inmate be unanimous.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-09-30 - REFERRED TO RULES [S09017 Detail]

Download: New_York-2019-S09017-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9017

                    IN SENATE

                                   September 30, 2020
                                       ___________

        Introduced  by  Sens.  ORTT,  AKSHAR, GALLIVAN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, in relation to  the  state  board  of
          parole  membership,  interviews  with  inmates,  and  determination of
          parole

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Subdivision 6 of section 259-b of the executive law, as
     2  amended by section 38-a of subpart A of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    6. Any member of the board may be removed by the governor  [for  cause
     5  after  an  opportunity  to be heard] or by a majority vote in the senate
     6  and the assembly.
     7    § 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
     8  259-i of the executive law, as amended by section 38-f-1 of subpart A of
     9  part C of chapter 62 of the laws of 2011, is amended to read as follows:
    10    (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
    11  least one month prior to the date on which  an  inmate  may  be  paroled
    12  pursuant to subdivision one of section 70.40 of the penal law, a [member
    13  or]  minimum  of three or more members as determined by the rules of the
    14  board shall personally interview such inmate and determine whether he or
    15  she should be paroled in accordance with the guidelines adopted pursuant
    16  to subdivision four of section two hundred fifty-nine-c of this article.
    17  Such determination to parole such inmate shall be unanimous by agreement
    18  of the board. If parole is not granted  upon  such  review,  the  inmate
    19  shall  be informed in writing within two weeks of such appearance of the
    20  factors and reasons for such denial of parole.  Such  reasons  shall  be
    21  given  in  detail and not in conclusory terms. The board shall specify a
    22  date not more than twenty-four months from such determination for recon-
    23  sideration, and the procedures to be followed upon reconsideration shall
    24  be the same. If the inmate is released, he or she shall be given a  copy
    25  of  the  conditions  of parole. Such conditions shall where appropriate,
    26  include a requirement that  the  parolee  comply  with  any  restitution
    27  order,  mandatory surcharge, sex offender registration fee and DNA data-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17307-01-0
        S. 9017                             2

     1  bank fee previously imposed by a court of  competent  jurisdiction  that
     2  applies  to the parolee. The conditions shall indicate which restitution
     3  collection agency established under subdivision eight of section  420.10
     4  of  the  criminal  procedure law, shall be responsible for collection of
     5  restitution, mandatory surcharge, sex offender registration fees and DNA
     6  databank fees as provided for in section 60.35  of  the  penal  law  and
     7  section eighteen hundred nine of the vehicle and traffic law.
     8    §  3. Paragraph (a) of subdivision 2 of section 259-i of the executive
     9  law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
    10  of the laws of 2011, is amended to read as follows:
    11    (a)  At  least one month prior to the expiration of the minimum period
    12  or periods of imprisonment fixed by the court or board,  a  [member  or]
    13  minimum of three or more members as determined by the rules of the board
    14  shall  personally  interview an inmate serving an indeterminate sentence
    15  and determine whether he or she should be paroled at the  expiration  of
    16  the  minimum period or periods in accordance with the procedures adopted
    17  pursuant to subdivision four of section two hundred fifty-nine-c of this
    18  article.  Such determination to parole such inmate shall be unanimous by
    19  agreement of the board. If parole is not granted upon such  review,  the
    20  inmate  shall be informed in writing within two weeks of such appearance
    21  of the factors and reasons for such denial of parole. Such reasons shall
    22  be given in detail and not in conclusory terms. The board shall  specify
    23  a  date  not  more  than  twenty-four months from such determination for
    24  reconsideration, and the procedures to be followed upon  reconsideration
    25  shall be the same. If the inmate is released, he or she shall be given a
    26  copy  of the conditions of parole. Such conditions shall where appropri-
    27  ate, include a requirement that the parolee comply with any  restitution
    28  order and mandatory surcharge previously imposed by a court of competent
    29  jurisdiction  that applies to the parolee. The conditions shall indicate
    30  which restitution collection agency established under subdivision  eight
    31  of  section  420.10  of the criminal procedure law, shall be responsible
    32  for collection of restitution and mandatory surcharge as provided for in
    33  section 60.35 of the penal law and section eighteen hundred nine of  the
    34  vehicle and traffic law.
    35    §  4. This act shall take effect immediately, provided that the amend-
    36  ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
    37  tive law made by section two of this act shall be subject to the expira-
    38  tion  and  reversion  of  such  paragraph  pursuant  to subdivision d of
    39  section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
    40  date the provisions of section three of this act shall take effect.