senate Bill S1209A

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

See Assembly Version of this Bill:
A9893
Versions:
S1209
S1209A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L

Sponsor Memo

BILL NUMBER:S1209A

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 therefore 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.
However, if unforeseen circumstances arises within the ten day period,
a written request can be made by an employee of the facility on
behalf of an inmate to reschedule the interview to a future date with
the same scheduled parole board member.

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--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  MARTINS,  SKELOS, GOLDEN, LANZA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and Correction -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
  SHOULD  EXIGENT  CIRCUMSTANCES ARISE PRIOR TO THE SCHEDULED INTERVIEW,
BUT AFTER THE TEN DAY PERIOD, AN EMPLOYEE OF THE  CORRECTIONAL  FACILITY
WHERE  THE  INMATE IS INCARCERATED MAY, ON BEHALF OF THE INMATE, REQUEST
TO RESCHEDULE THE INTERVIEW BASED UPON GOOD CAUSE  NOT  KNOWN  TEN  DAYS
PRIOR.    IF SUCH REQUEST IS APPROVED BY THE STATE BOARD, SUCH INTERVIEW
SHALL BE RESCHEDULED FOR THE NEXT DATE THAT  THE  SAME  ASSIGNED  PAROLE
BOARD  MEMBER WILL BE RETURNING TO THAT CORRECTIONAL FACILITY TO CONDUCT
INTERVIEWS.
  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.
                                                           LBD03494-02-1

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