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A09809 Summary:

BILL NOA09809
 
SAME ASNo Same As
 
SPONSORSepulveda
 
COSPNSRCook, Barron, D'Urso
 
MLTSPNSR
 
Amd 259-b, Exec L
 
Relates to the racial and ethnic makeup of the board of parole; requires appointees to be from the lower Hudson Valley area and New York city until the ethnic and racial makeup of the board matches the racial and ethnic makeup of the 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: A9809
 
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: Provides that all appointments made shall be from the lower Hudson Valley area and New York City.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 259-b of the executive law so forth beginning August first, two thousand eighteen, the number of members appointed shall increase to twenty-seven. Provided, further, beginning January first, two thousand eighteen, all new appointments shall be from the lower Hudson Valley area and New York City until 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 underrepresentation of minorities in the parole board has had tremendous impact on minorities in the Criminal Justice system, from mistreatment in the prisons and jails, to unjust punishments. In New York this has been a relative topic of concern and raised questions on how the system works. Kalief Browder was wrongfully arrested for a crime he never committed. He was held at a correctional facility Rikers Island, which is ranked as one of the most violent jails in the country. Eighty percent of inmates at Rikers have not been found guilty or inno- cent. Browder was held for three years without trial while he maintained his innocence. His case was eventually dropped when the accuser fled the country. When Browder was released, he later committed suicide by an air condition cord. Questions arose on how he was detained for three years without a trial. The Board of Parole has been understaffed for years, which causes abrupt and disorganized procedures. This leads to the board giving inmate's very little time to plead their case. The amount of inmates is so over- whelming that the board won't see inmates in person; they are usually viewed through a monitor. Currently, the Parole Board has nineteen commissioners who were appointed by the Governor. Most parole board members are white individ- uals from Upstate with a law enforcement background, making a $100,000 annually. One black member has served the board, and unfortunately not a single Latino member served the board. Black and Latinos make up seventy five percent of state prison population. All members who are mainly white determine the lives of thousands of black and Latinos. White inmates are more likely to receive an early release or receive no conviction for the same crime resembling the same circumstances as black or Latino inmates. A more diverse Board of Parole would give a different angle for minorities to find justice. Minority members would have a better understanding on individuals who they are in common with.   LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9809
 
                   IN ASSEMBLY
 
                                    February 9, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
          Committee on Correction
 
        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  eighteen,  the
    13  number  of members appointed shall increase to twenty-seven. 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, beginning January first, two thousand eigh-
    21  teen, all new appointments shall be from the lower  Hudson  Valley  area
    22  and  New  York  City  until  the  racial and ethnic makeup of such board
    23  resembles the racial and ethnic makeup of the state's prison population.
    24    § 2. This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09883-01-7
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