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S04431 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4431--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                     April 1, 2013
                                      ___________

       Introduced  by Sens. MONTGOMERY, DILAN, GIPSON, HASSELL-THOMPSON -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Crime Victims, Crime and Correction -- recommitted to the
         Committee  on  Crime  Victims, Crime and Correction in accordance with
         Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the executive law, in relation to the composition of the
         state 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  THAT shall possess the powers  and  duties  hereinafter  specified.  The
    6  board  shall  function  independently of the department regarding all of
    7  its decision-making functions, as well as any other  powers  and  duties
    8  specified  in  this  article,  provided,  however,  that  administrative
    9  matters of general applicability within the department shall be applica-
   10  ble to the board. Such board shall consist of  not  more  than  nineteen
   11  members AND NOT LESS THAN FIFTEEN MEMBERS appointed by the governor with
   12  the  advice  and  consent  of  the  senate  AND IN CONSULTATION WITH THE
   13  CORRECTIONAL ASSOCIATION OF NEW YORK.  IN  MAKING  APPOINTMENTS  TO  THE
   14  BOARD,  THE  GOVERNOR  SHALL ENSURE THAT THE MEMBERSHIP SHALL ADEQUATELY
   15  REFLECT THE COMPOSITION OF THE PRISON POPULATION IN RACE AND  ETHNICITY,
   16  AGE, AND GEOGRAPHIC AREA OF RESIDENCE. THE PERCENTAGE OF EACH DEMOGRAPH-
   17  IC CHARACTERISTIC OF THE MEMBERS SHALL BE DIRECTLY PROPORTIONATE TO THAT
   18  OF  THE  PRISON  POPULATION.  ADDITIONALLY,  AT  LEAST  ONE-THIRD OF THE
   19  MEMBERS SHALL HAVE BEEN PREVIOUSLY EMPLOYED IN THE  FIELDS  OF  PRISONER
   20  REENTRY  OR SOCIAL WORK, EACH WITH A MINIMUM OF FIVE YEARS OF EXPERIENCE
   21  IN THEIR RESPECTIVE FIELDS.  The term of office of each member  of  such

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09336-05-4
       S. 4431--A                          2

    1  board  shall be for six years; provided, however, that any member chosen
    2  to fill a vacancy occurring otherwise than by expiration of  term  shall
    3  be  appointed,  IN  THE MANNER SPECIFIED ABOVE, for the remainder of the
    4  unexpired  term of the member whom he OR SHE is to succeed. In the event
    5  of the inability to act of any member, the  governor  may  appoint  some
    6  competent  informed person to act in his OR HER stead during the contin-
    7  uance of such disability.
    8    S 2. The state board of parole as constituted on the effective date of
    9  this section is hereby abolished as of January 1, 2015. Members  of  the
   10  state  board  of  parole  as  constituted  pursuant to the provisions of
   11  subdivision 1 of section 259-b of  the  executive  law,  as  amended  by
   12  section  one  of  this  act, shall be appointed by the appropriate state
   13  official prior to January 1, 2015, so that such board may be fully oper-
   14  ative on and after such date.
   15    S 3. This act shall take effect immediately.
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