Requires that the state board of parole include a member who is a current or former member of law enforcement, a member who has in the past been a victim of a crime or the representative of a victim of a past crime and a member who is an individual who was formerly incarcerated and has satisfied all conditions of post-incarceration release, including parole.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6900
SPONSOR: Colton TITLE OF BILL:
An act to amend the executive law, in relation to the composition of the
board of parole
PURPOSE:
Of the members appointed, one should be a current or former member of
law enforcement, one shall be a person who in the past has been a victim
of a crime, and one shall be an individual who was formerly incarcerated
and has satisfied all conditions of post-incarceration release, includ-
ing parole. This representation will help to accurately make decisions
based on the experience and background of each member.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends of section 259-b of the executive law, as amended by
section 38-1 of subpart A of part C of chapter 622 of 2011.
Section two states the provisions of this act shall not be required if
the board currently includes the required members.
Section three establishes the effective date.
JUSTIFICATION:
"The New York State Board of Parole is the sole entity with discretion-
ary authority to grant release to eligible individuals incarcerated with
DOCCS. It is an independent body responsible for determining parole,
setting parole conditions, and revoking parole when conditions have been
violated," is what is stated on the website of the New York State Parole
Board.
A body that has the responsibility of determining the justice and or
continued incarceration of individuals should be a representative one.
This legislation states that out of the nineteen members of the Board,
three have specific backgrounds for better adversity. The first is one
member will be on the Board that serves currently or has previously
served as a law enforcement officer. The second one is one member on the
Board must be an individual that was a victim of a crime or represents
an individual that was a victim of a crime. The third one required on
the Board is an individual who was formerly incarcerated and has satis-
fied all conditions of post-incarceration release, including parole.
These specified roles will help to better decide the dealings of justice
based on real-world experiences. A balance will be achieved between
those who enforce the law, those who abide the law, those who have expe-
rienced the repercussions of breaking the law. It is in the best inter-
est of this the New York State Parole Board and New Yorkers to ensure an
array of views for justice and public safety measures.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6900
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to the composition of the
board of parole
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 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 1. There shall be in the department a state board of parole which
5 shall possess the powers and duties hereinafter specified. The board
6 shall function independently of the department regarding all of its
7 decision-making functions, as well as any other powers and duties speci-
8 fied in this article, provided, however, that administrative matters of
9 general applicability within the department shall be applicable to the
10 board. Such board shall consist of not more than nineteen members
11 appointed by the governor with the advice and consent of the senate. Of
12 the members appointed, one shall be a current or former member of law
13 enforcement, one shall be a person who has in the past been a victim of
14 a crime or the representative of a victim of a past crime and one shall
15 be an individual who was formerly incarcerated and has satisfied all
16 conditions of post-incarceration release, including parole. The term of
17 office of each member of such board shall be for six years; provided,
18 however, that any member chosen to fill a vacancy occurring otherwise
19 than by expiration of term shall be appointed for the remainder of the
20 unexpired term of the member whom he or she is to succeed. In the event
21 of the inability to act of any member, the governor may appoint some
22 competent informed person to act in his or her stead during the contin-
23 uance of such disability; provided that any person appointed to replace
24 a member who is a current or former member of law enforcement, a past
25 victim of a crime or the representative of a victim of a past crime, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10929-01-3
A. 6900 2
1 an individual who was formerly incarcerated shall have the same back-
2 ground as the member suffering the disability.
3 § 2. The provisions of this act shall not require the appointment of
4 additional persons to the state board of parole if the board currently
5 includes a member who is a current or former member of law enforcement,
6 a member who is a past victim of a crime or the representative of a
7 victim of a past crime, and/or a member who was formerly incarcerated;
8 provided that in the event of a vacancy by any such person or persons,
9 new members of similar background shall be appointed to replace the
10 departing members.
11 § 3. This act shall take effect immediately and shall apply to the
12 appointment or reappointment of members of the state board of parole on
13 and after such effective date.
