Allows for the removal of members of the state board of parole by a majority vote in the senate and the assembly; requires three or more members of such board personally interview potential parolees; requires that the determination to parole an incarcerated individual be unanimous.
STATE OF NEW YORK
________________________________________________________________________
5225
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. BARCLAY, J. M. GIGLIO, GOODELL, PALMESANO, WALSH,
MANKTELOW, REILLY, FRIEND, DiPIETRO, DeSTEFANO, BRABENEC, MORINELLO,
NORRIS, RA, TAGUE, HAWLEY, McDONOUGH, BYRNES, MIKULIN, BLANKENBUSH,
GALLAHAN, SIMPSON, LEMONDES, FITZPATRICK, MILLER, TANNOUSIS -- Multi-
Sponsored by -- M. of A. K. BROWN -- read once and referred to the
Committee on Correction
AN ACT to amend the executive law, in relation to the state board of
parole membership, interviews with incarcerated individuals, and
determination of parole
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 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 6. Any member of the board may be removed by the governor [for cause
5 after an opportunity to be heard] or by a majority vote in the senate
6 and the assembly.
7 § 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
8 259-i of the executive law, as amended by chapter 486 of the laws of
9 2022, is amended to read as follows:
10 (i) Except as provided in subparagraph (ii) of this paragraph, at
11 least one month prior to the date on which an incarcerated individual
12 may be paroled pursuant to subdivision one of section 70.40 of the penal
13 law, a [member or] minimum of three or more members as determined by the
14 rules of the board shall personally interview such incarcerated individ-
15 ual and determine whether he or she should be paroled in accordance with
16 the guidelines adopted pursuant to subdivision four of section two
17 hundred fifty-nine-c of this article. Such determination to parole such
18 incarcerated individual shall be unanimous by agreement of the board. If
19 parole is not granted upon such review, the incarcerated individual
20 shall be informed in writing within two weeks of such appearance of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03827-01-3
A. 5225 2
1 factors and reasons for such denial of parole. Such reasons shall be
2 given in detail and not in conclusory terms. The board shall specify a
3 date not more than twenty-four months from such determination for recon-
4 sideration, and the procedures to be followed upon reconsideration shall
5 be the same. If the incarcerated individual is released, he or she shall
6 be given a copy of the conditions of parole. Such conditions shall where
7 appropriate, include a requirement that the parolee comply with any
8 restitution order, mandatory surcharge, sex offender registration fee
9 and DNA databank fee previously imposed by a court of competent juris-
10 diction that applies to the parolee. The conditions shall indicate which
11 restitution collection agency established under subdivision eight of
12 section 420.10 of the criminal procedure law, shall be responsible for
13 collection of restitution, mandatory surcharge, sex offender registra-
14 tion fees and DNA databank fees as provided for in section 60.35 of the
15 penal law and section eighteen hundred nine of the vehicle and traffic
16 law. If the incarcerated individual is released, he or she shall also be
17 notified in writing that his or her voting rights will be restored upon
18 release.
19 § 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
20 law, as amended by chapter 486 of the laws of 2022, is amended to read
21 as follows:
22 (a) At least one month prior to the expiration of the minimum period
23 or periods of imprisonment fixed by the court or board, a [member or]
24 minimum of three or more members as determined by the rules of the board
25 shall personally interview an incarcerated individual serving an inde-
26 terminate sentence and determine whether he or she should be paroled at
27 the expiration of the minimum period or periods in accordance with the
28 procedures adopted pursuant to subdivision four of section two hundred
29 fifty-nine-c of this article. Such determination to parole such incar-
30 cerated individual shall be unanimous by agreement of the board. If
31 parole is not granted upon such review, the incarcerated individual
32 shall be informed in writing within two weeks of such appearance of the
33 factors and reasons for such denial of parole. Such reasons shall be
34 given in detail and not in conclusory terms. The board shall specify a
35 date not more than twenty-four months from such determination for recon-
36 sideration, and the procedures to be followed upon reconsideration shall
37 be the same. If the incarcerated individual is released, he or she shall
38 be given a copy of the conditions of parole. Such conditions shall where
39 appropriate, include a requirement that the parolee comply with any
40 restitution order and mandatory surcharge previously imposed by a court
41 of competent jurisdiction that applies to the parolee. The conditions
42 shall indicate which restitution collection agency established under
43 subdivision eight of section 420.10 of the criminal procedure law, shall
44 be responsible for collection of restitution and mandatory surcharge as
45 provided for in section 60.35 of the penal law and section eighteen
46 hundred nine of the vehicle and traffic law. If the incarcerated indi-
47 vidual is released, he or she shall also be notified in writing that his
48 or her voting rights will be restored upon release.
49 § 4. This act shall take effect immediately, provided that the amend-
50 ments to paragraph (a) of subdivision 2 of section 259-i of the execu-
51 tive law made by section two of this act shall be subject to the expira-
52 tion and reversion of such paragraph pursuant to subdivision d of
53 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
54 date the provisions of section three of this act shall take effect.
