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A09809 Summary:

BILL NOA09809B
 
SAME ASNo Same As
 
SPONSORSepulveda
 
COSPNSRCook, Barron, D'Urso, Dickens
 
MLTSPNSRSimon
 
Amd 259-b, Exec L
 
Relates to the racial and ethnic makeup of the board of parole; requires the ethnic and racial makeup of the board to resemble the racial and ethnic makeup of the state's prison population.
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A09809 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9809B
 
SPONSOR: Sepulveda
  TITLE OF BILL: An act to amend the executive law, in relation to the racial and ethnic makeup of the board of parole   PURPOSE: Adds eight additional members to the board of parole and requires the board members to reflect the racial and ethnic makeup of the prison population.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 259-b of the executive law so forth beginning August first, two thousand nineteen, the number of members appointed shall increase to twenty-seven. Provided, further, that all new appointments shall be made so that the racial and ethnic makeup of such board resembles the racial and ethnic makeup of the state's prison population. Section 2 states the date in which this act will take effect.   JUSTIFICATION: The Board of Parole has been understaffed for years, which causes abrupt and superficial proceedings. The board gives inmates very little time to plead their cases. Each parole interview lasts about fifteen minutes, and at least one board member is usually reviewing the next case while the inmate makes his or her presentation. The caseload per parole board commissioner is so overwhelming that the board no longer sees inmates in person; they are usually interviewed via a video monitor from a remote location. Increasing the number of board members would allow them to give each case the attention it deserves and to make sure each inmate is accorded a thoughtful and complete review of his or her record. It may also permit the board to return to in-person interviews. Currently, the parole board has up to nineteen commissioners appointed by the Governor. Although the board currently has five black members, historically, most parole board members have been white individuals from upstate with law enforcement backgrounds. African-Americans and Latinos make up seventy five percent of state's prison population. A more diverse Board of Parole would help alleviate the fear of minority commu- nities in this state that white inmates receive preferential treatment and may help ensure that our justice system treats all inmates fairly under the law.   LEGISLATIVE HISTORY:': New Legislation.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A09809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9809--B
 
                   IN ASSEMBLY
 
                                    February 9, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  SEPULVEDA,  COOK, BARRON, D'URSO, DICKENS --
          Multi-Sponsored by -- M. of A. SIMON -- read once and referred to  the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT to amend the executive law, in relation to the racial and ethnic
          makeup 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.
    12  Provided,  however,  beginning  August first, two thousand nineteen, the
    13  number of members appointed shall be at  least  nineteen.  The  term  of
    14  office  of  each  member of such board shall be for six years; provided,
    15  however, that any member chosen to fill a  vacancy  occurring  otherwise
    16  than  by  expiration of term shall be appointed for the remainder of the
    17  unexpired term of the member whom he is to succeed. In the event of  the
    18  inability  to act of any member, the governor may appoint some competent
    19  informed person to act in his stead during the continuance of such disa-
    20  bility.  Provided, further, that all new appointments shall be  made  so
    21  that the racial and ethnic makeup of such board resembles the racial and
    22  ethnic makeup of the state's prison population.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09883-03-8
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