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S05090 Summary:

BILL NOS05090
 
SAME ASNo Same As
 
SPONSORSEPULVEDA
 
COSPNSRCOMRIE, FERNANDEZ, MYRIE, SERRANO
 
MLTSPNSR
 
Amd §259-b, Exec L
 
Alters the composition of the state board of parole to include members who shall adequately reflect the composition of the prison population in race, age, and geographic area of residence.
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S05090 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5090
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 18, 2025
                                       ___________
 
        Introduced by Sens. SEPULVEDA, COMRIE, FERNANDEZ, MYRIE, SERRANO -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Crime Victims, Crime and Correction
 
        AN ACT to amend the executive law, in relation to  requiring  the  state
          board of parole to reflect the composition of the prison population in
          race, age and geographic area of residence
 
          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.   In making appointments to the
    13  board, the governor shall ensure that the  membership  shall  adequately
    14  reflect  the composition of the prison population in race and ethnicity,
    15  age, and geographic area of residence. The percentage of each demograph-
    16  ic characteristic of the members shall be directly proportionate to that
    17  of the prison population. The term of office  of  each  member  of  such
    18  board  shall be for six years; provided, however, that any member chosen
    19  to fill a vacancy occurring otherwise than by expiration of  term  shall
    20  be  appointed,  in  the manner specified above, for the remainder of the
    21  unexpired term of the member whom [he] such person is to succeed. In the
    22  event of the inability to act of any member, the  governor  may  appoint
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09720-01-5

        S. 5090                             2
 
     1  some competent informed person to act in [his] the member's stead during
     2  the continuance of such disability.
     3    § 2. The state board of parole as constituted on the effective date of
     4  this  section  is hereby abolished as of January 1, 2026. Members of the
     5  state board of parole as  constituted  pursuant  to  the  provisions  of
     6  subdivision  1  of  section  259-b  of  the executive law, as amended by
     7  section one of this act, shall be appointed  by  the  appropriate  state
     8  official prior to January 1, 2026, so that such board may be fully oper-
     9  ative on and after such date.
    10    § 3. This act shall take effect immediately.
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