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A07568 Summary:

A07568 Actions:

A07568 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:05/16/2017AYE/NAY:10/0  Action: Favorable         
Weprin
Aye
Giglio
Aye
Ortiz
Aye
Finch
Aye
Colton
Absent
Palmesano
Aye
Rozic
Aye
Sepulveda
Aye
Davila
Absent
Mosley
Aye
Blake
Excused
Walker
Aye
De La Rosa
Aye

A07568 Floor Votes:

A07568 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7568
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 2, 2017
                                       ___________
 
        Introduced  by M. of A. WEPRIN -- (at request of the Board of Parole) --
          read once and referred to the Committee on Correction
 
        AN ACT to amend the executive law, in relation to  updating  terminology
          and correcting citations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (e) of subdivision 2  of  section  259-i  of  the
     2  executive law, as added by chapter 55 of the laws of 1992, is amended to
     3  read as follows:
     4    (e) Notwithstanding the requirements of paragraph (a) of this subdivi-
     5  sion,  the  determination  to  parole  an  inmate  who  has successfully
     6  completed the shock incarceration  program  pursuant  to  section  [two]
     7  eight  hundred  sixty-seven  of the correction law may be made without a
     8  personal interview of the inmate and shall be made  in  accordance  with
     9  procedures  set forth in the rules of the board. If parole is not grant-
    10  ed, the time period for  reconsideration  shall  not  exceed  the  court
    11  imposed minimum.
    12    §  2.  Subdivision 7 of section 259-i of the executive law, as amended
    13  by chapter 703 of the laws of 1991, is amended to read as follows:
    14    7. Deaf person before the board. Whenever any deaf person participates
    15  in an interview, parole release hearing, preliminary hearing or  revoca-
    16  tion  hearing,  there  shall be appointed a qualified interpreter who is
    17  certified by a recognized  national  or  New  York  state  credentialing
    18  authority to interpret the proceedings to and the statements or testimo-
    19  ny of such deaf person. The [board] department shall determine a reason-
    20  able  fee for all such interpreting services, the cost of which shall be
    21  a charge upon the [division of parole] department.
    22    § 3. The section heading and subdivision 3 of  section  259-q  of  the
    23  executive  law,  the section heading as added by chapter 904 of the laws
    24  of 1977, and subdivision 3 as amended by section 38-k-1 of subpart A  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10112-01-7
        A. 7568                             2
 
     1  part  C  of  chapter  62  of  the  laws  of 2011, are amended to read as
     2  follows:
     3    Civil actions against [division] board personnel.
     4    3. The state shall save harmless and indemnify any officer or employee
     5  of  the board of parole or former division of parole from financial loss
     6  resulting from a claim filed in a court of the United States for damages
     7  arising out of an act done or the failure to perform any  act  that  was
     8  (a)  within  the  scope  of  the  employment and in the discharge of the
     9  duties of such officer or employee, and (b) not done or omitted with the
    10  intent to violate any rule or regulation of  the  department,  board  or
    11  former  division or of any statute or governing case law of the state or
    12  of the United States at the time the damages  were  sustained;  provided
    13  that  the officer or employee shall comply with the provisions of subdi-
    14  vision four of section seventeen of the public officers law.
    15    § 4. This act shall take effect immediately.