senate Bill S1209

Amended

Requires inmates incarcerated for a class A-I felony, requesting a delay of their parole hearing, to submit such request to the state board of parole

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 25 / May / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 25 / May / 2011
    • PRINT NUMBER 1209A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1090
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1179
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO CORRECTION

Summary

Requires inmates incarcerated for a class A-I felony, requesting a delay of their parole hearing, to submit such request to the state board of parole.

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Bill Details

Versions:
S1209
S1209A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L

Sponsor Memo

BILL NUMBER:S1209

TITLE OF BILL:
An act
to amend the executive law, in relation to inmate requests to reschedule
a parole hearing

PURPOSE:
Requires inmates incarcerated for a class A-1 felony,
requesting a delay of their parole hearing, to submit such request to
the state board of parole in order to prevent "shopping" for
sympathetic parole commissioners.

SUMMARY OF PROVISIONS:
Section 1. Subdivision 2 of section 259-i of the executive law is
amended by adding a new paragraph (a-1) to read as: No delay or
rescheduling of an interview scheduled pursuant to paragraph (a) of
this subdivision shall be granted upon the request of an inmate who
is incarcerated by reason of a conviction of a class A-1 felony,
unless, not less than ten days prior to the scheduled interview, such
inmate shall have submitted a request therefor in writing to the
state board of parole stating the reason for such request and the
state board shall have approved the request for good cause shown.

JUSTIFICATION:
Inmates have been requesting adjournments of their
parole hearings with increasing regularity in order to "shop" for
parole commissioners who they deem more sensitive, understanding, and
thus more likely to grant their parole. Inmates need two of three
commissioners to sign off on their release, and currently, inmates do
not have to state a reason for seeking an adjournment if a panel of
commissioners is not to their liking. This has allowed inmates to
shop for a favorable mix of parole commissioners who would be more
likely to grant their parole. This bill would prevent inmates from
requesting a sudden adjournment of their parole hearing and thus not
allow them to shop for a favorable panel of parole commissioners.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become law; provided that,
effective immediately, any rules and regulations necessary to
implement the provisions of this act on its effective date are
authorized and directed to be amended, added and/or repealed on or
before such date.

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

                                  1209

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  MARTINS, SKELOS, GOLDEN -- 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 inmate requests to
  reschedule a parole hearing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 259-i of the executive law is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NO DELAY OR RESCHEDULING OF AN INTERVIEW SCHEDULED  PURSUANT  TO
PARAGRAPH  (A)  OF THIS SUBDIVISION SHALL BE GRANTED UPON THE REQUEST OF
AN INMATE WHO IS INCARCERATED BY REASON OF A CONVICTION OF A  CLASS  A-I
FELONY, UNLESS, NOT LESS THAN TEN DAYS PRIOR TO THE SCHEDULED INTERVIEW,
SUCH  INMATE  SHALL  HAVE SUBMITTED A REQUEST THEREFOR IN WRITING TO THE
STATE BOARD OF PAROLE STATING THE REASON FOR SUCH REQUEST AND THE  STATE
BOARD SHALL HAVE APPROVED THE REQUEST FOR GOOD CAUSE SHOWN.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be amended, added
and/or repealed on or before such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03494-01-1

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