senate Bill S3537B

Prohibits parole for any inmates convicted of homicide unless five or at least thirty percent of the members of the parole board are present at the hearing

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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

  • 24 / Feb / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2011
    • 1ST REPORT CAL.853
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • 05 / Jan / 2012
    • PRINT NUMBER 3537A
  • 18 / Apr / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 10 / May / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 10 / May / 2012
    • PRINT NUMBER 3537B

Summary

Prohibits parole for any inmates convicted of homicide unless five or at least thirty percent of the members of the parole board are present at the hearing.

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Bill Details

Versions:
S3537
S3537A
S3537B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง259-c, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S2671

Sponsor Memo

BILL NUMBER:S3537B

TITLE OF BILL:
An act
to amend the executive law, in relation to prohibiting parole for any
inmates convicted of homicide unless five or
at least thirty percent of the
members of the parole board serving at the time, whiever is less,
are present at the
hearing

PURPOSE:
To prohibit parole for any inmates convicted of homicide unless five
or more members of the Parole Board are present at the hearing.

SUMMARY OF PROVISIONS:
Amends section 259-c of the Executive law to prohibit parole for any
inmates convicted of homicide unless five or more members of the
parole Board are present at the hearing.

JUSTIFICATION:
This bill is designed to ensure that adequate review is made of a
prisoner's request for parole.

LEGISLATIVE HISTORY:
2009-10: S.2671 Referred to Crime victims, Crime and Correction
2008-07: S.745 Referred to Crime victims, Crime and Correction
2006-05: S.2384 Passed Senate
2004: S.5826 Passed Senate

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately, with provisions.

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

                                 3537--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 24, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the executive law, in relation to prohibiting parole for
  any  inmates  convicted  of  homicide  unless  five or at least thirty
  percent of the members of the parole board serving at the time, which-
  ever is less, are present at the hearing

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

  Section  1.  Subdivision  1  of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  1. have the power and duty of determining  which  inmates  serving  an
indeterminate or determinate sentence of imprisonment may be released on
parole,   or   on   medical  parole  pursuant  to  section  two  hundred
fifty-nine-r or section two hundred fifty-nine-s of  this  article,  and
when and under what conditions; PROVIDED, HOWEVER, THAT PAROLE SHALL NOT
BE  GRANTED  FOR ANY HOMICIDE OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED
TWENTY-FIVE OF THE PENAL LAW UNLESS FIVE OR AT LEAST THIRTY  PERCENT  OF
THE  MEMBERS SERVING AT THE TIME, WHICHEVER IS LESS, ARE PRESENT AT SUCH
HEARING;
  S 2. Subdivision 1 of section 259-c of the executive law,  as  amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  1.  have  the  power  and duty of determining which inmates serving an
indeterminate sentence of imprisonment may be released on parole, or  on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09509-06-2

S. 3537--B                          2

medical  parole  pursuant  to  section  two hundred fifty-nine-r of this
article, and when and under what  conditions;  PROVIDED,  HOWEVER,  THAT
PAROLE  SHALL  NOT  BE  GRANTED  FOR ANY HOMICIDE OFFENSES AS DEFINED IN
ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW UNLESS FIVE OR AT LEAST
THIRTY  PERCENT  OF  THE MEMBERS SERVING AT THE TIME, WHICHEVER IS LESS,
ARE PRESENT AT SUCH HEARING;
  S 3.  This act shall take effect immediately, provided, however, that:
the amendments to subdivision 1 of section 259-c of the  executive  law,
made  by section one of this act, shall be subject to the expiration and
reversion of such subdivision pursuant to subdivision d of section 74 of
chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect.

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