STATE OF NEW YORK
________________________________________________________________________
5320
2019-2020 Regular Sessions
IN SENATE
April 25, 2019
___________
Introduced by Sen. ANTONACCI -- 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 unanimous
agreement by the parole board to release an inmate on parole
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
2 section 259-i of the executive law, as amended by section 38-f-1 of
3 subpart A of part C of chapter 62 of the laws of 2011, is amended to
4 read as follows:
5 (i) Except as provided in subparagraph (ii) of this paragraph, at
6 least one month prior to the date on which an inmate may be paroled
7 pursuant to subdivision one of section 70.40 of the penal law, a member
8 or members as determined by the rules of the board shall personally
9 interview such inmate and determine whether he or she should be paroled
10 in accordance with the guidelines adopted pursuant to subdivision four
11 of section two hundred fifty-nine-c of this article. Such determination
12 to parole such inmate shall be unanimous by agreement of the board. If
13 parole is not granted upon such review, the inmate shall be informed in
14 writing within two weeks of such appearance of the factors and reasons
15 for such denial of parole. Such reasons shall be given in detail and not
16 in conclusory terms. The board shall specify a date not more than twen-
17 ty-four months from such determination for reconsideration, and the
18 procedures to be followed upon reconsideration shall be the same. If the
19 inmate is released, he or she shall be given a copy of the conditions of
20 parole. Such conditions shall where appropriate, include a requirement
21 that the parolee comply with any restitution order, mandatory surcharge,
22 sex offender registration fee and DNA databank fee previously imposed by
23 a court of competent jurisdiction that applies to the parolee. The
24 conditions shall indicate which restitution collection agency estab-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11325-01-9
S. 5320 2
1 lished under subdivision eight of section 420.10 of the criminal proce-
2 dure law, shall be responsible for collection of restitution, mandatory
3 surcharge, sex offender registration fees and DNA databank fees as
4 provided for in section 60.35 of the penal law and section eighteen
5 hundred nine of the vehicle and traffic law.
6 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive
7 law, as amended by section 38-f-2 of subpart A of part C of chapter 62
8 of the laws of 2011, is amended to read as follows:
9 (a) At least one month prior to the expiration of the minimum period
10 or periods of imprisonment fixed by the court or board, a member or
11 members as determined by the rules of the board shall personally inter-
12 view an inmate serving an indeterminate sentence and determine whether
13 he or she should be paroled at the expiration of the minimum period or
14 periods in accordance with the procedures adopted pursuant to subdivi-
15 sion four of section two hundred fifty-nine-c of this article. Such
16 determination to parole such inmate shall be unanimous by agreement of
17 the board. If parole is not granted upon such review, the inmate shall
18 be informed in writing within two weeks of such appearance of the
19 factors and reasons for such denial of parole. Such reasons shall be
20 given in detail and not in conclusory terms. The board shall specify a
21 date not more than twenty-four months from such determination for recon-
22 sideration, and the procedures to be followed upon reconsideration shall
23 be the same. If the inmate is released, he or she shall be given a copy
24 of the conditions of parole. Such conditions shall where appropriate,
25 include a requirement that the parolee comply with any restitution order
26 and mandatory surcharge previously imposed by a court of competent
27 jurisdiction that applies to the parolee. The conditions shall indicate
28 which restitution collection agency established under subdivision eight
29 of section 420.10 of the criminal procedure law, shall be responsible
30 for collection of restitution and mandatory surcharge as provided for in
31 section 60.35 of the penal law and section eighteen hundred nine of the
32 vehicle and traffic law.
33 § 3. This act shall take effect immediately, provided that the amend-
34 ments to paragraph (a) of subdivision 2 of section 259-i of the execu-
35 tive law made by section one of this act shall be subject to the expira-
36 tion and reversion of such paragraph pursuant to section 74 of chapter 3
37 of the laws of 1995, as amended, when upon such date the provisions of
38 section two of this act shall take effect.
