•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video 

A01908 Summary:

A01908 Actions:

A01908 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1908
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on 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
    25  an  appropriate  petition  the  court may consider a release decision de
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05027-01-7
        A. 1908                             2
 
     1  novo. The court may in its own discretion require an appearance  by  the
     2  petitioner.  The  court may affirm the decision of the board, modify the
     3  decision, order a de novo interview for reconsideration by the board  or
     4  provide a release date for the petitioner.
     5    §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 6 of section
     6  259-i of the executive law, as amended by chapter 363  of  the  laws  of
     7  2012, is amended to read as follows:
     8    (i)  The  board  shall  provide for the making of a verbatim record of
     9  each parole release interview within  thirty  days  of  such  interview,
    10  except  where  a decision is made to release the inmate to parole super-
    11  vision, and each preliminary and final revocation hearing,  except  when
    12  the  decision  of  the presiding officer after such hearings result in a
    13  dismissal of all charged violations of parole,  conditional  release  or
    14  post  release supervision. An audio recording shall also be made of each
    15  parole release interview in its entirety. All documents submitted to the
    16  board shall be included in the hearing record for purposes of appeal.
    17    § 4. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.