senate Bill S6785

Relates to records of parole release interviews for certain inmates

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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

  • 21 / Mar / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 18 / Apr / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / May / 2012
    • 1ST REPORT CAL.737
  • 09 / May / 2012
    • 2ND REPORT CAL.
  • 14 / May / 2012
    • ADVANCED TO THIRD READING
  • 22 / May / 2012
    • SUBSTITUTED BY A8917

Summary

Relates to records of parole release interviews for inmates detained as sex offenders.

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Bill Details

See Assembly Version of this Bill:
A8917
Versions:
S6785
Legislative Cycle:
2011-2012
Law Section:
Executive Law
Laws Affected:
Amd §269-i, Exec L; amd §10.05, Ment Hyg L

Sponsor Memo

BILL NUMBER:S6785

TITLE OF BILL:
An act to amend the executive law and the mental hygiene law, in
relation to records of parole release interviews for certain inmates

PURPOSE:
This bill will ensure that all records of parole interviews for sex
offenders are transmitted to the Office of Mental Health (OMH) for
review by the civil commitment case review panel.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Executive Law to require the parole
board to make a verbatim record of an parole release interviews where
the inmate is a detained sex offender.

Section 2 of the bill amends the Mental Hygiene Law to require that
records of parole hearings be included with the notice sent to the
Office of Mental Health when a sex offender is due to be released and
is being considered for civil commitment.

Section 3 of the bill requires the OMH multidisciplinary team, and the
case review panel by operation of subdivision (e) of section 10.05 of
the mental hygiene law, to review the records of parole hearings for
sex offenders.

JUSTIFICATION:
Recently, a woman in Utica, NY, was sexually assaulted and murdered by
a career rapist named Robert Blainey who had been released from prison
and not referred to the Attorney General for civil commitment by the
Office of Mental Health (OMB). It has been reported that Blainey is
actually quoted in transcripts to the parole board stating:

"Society is safer with me in prison. I can sit here and tell you
people I'm not going to do it, I'm not going to do it, but it's not
going to make a bit of difference." He concluded: "In your opinion
and your eyes I am a low life rapist, which is true, and I'm not going
anywhere."

Despite these comments, the case review panel, which responsible for
reviewing sex offenders being released and making recommendations to
the Attorney General regarding civil commitment, Blainey was not
recommended for civil commitment. Instead, he was released and
committed a heinous crime.

This legislation will ensure that all transcripts of parole interviews
are forwarded to the case review panel and reviewed before a sex
offender is released from prison.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:


Thirty days after is shall have become a law.

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

                                  6785

                            I N  S E N A T E

                             March 21, 2012
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  and  the mental hygiene law, in
  relation to records of parole release interviews for certain inmates

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

  Section  1.  Paragraph  (a)  of  subdivision 6 of section 259-i of the
executive law, as amended by section 1 of part T of chapter  62  of  the
laws of 2003, is amended to read as follows:
  (a) (I) The board shall provide for the making of a verbatim record of
each  parole  release  interview,  except  where  a  decision is made to
release the inmate to parole supervision, and each preliminary and final
revocation hearing, except when the decision of  the  presiding  officer
after  such  hearings result in a dismissal of all charged violations of
parole, conditional release or post release supervision.
  (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARA-
GRAPH,  THE  BOARD  SHALL PROVIDE FOR THE MAKING OF A VERBATIM RECORD OF
EACH PAROLE RELEASE INTERVIEW IN ALL PROCEEDINGS WHERE THE INMATE  IS  A
DETAINED  SEX  OFFENDER  AS  SUCH  TERM IS DEFINED IN SUBDIVISION (G) OF
SECTION 10.03 OF THE MENTAL HYGIENE LAW. SUCH RECORD SHALL  BE  PROVIDED
TO  THE  OFFICE  OF MENTAL HEALTH FOR USE BY THE MULTIDISCIPLINARY STAFF
AND THE CASE REVIEW PANEL  PURSUANT  TO  SECTION  10.05  OF  THE  MENTAL
HYGIENE LAW.
  S  2.  Paragraph  5  of subdivision (c) of section 10.05 of the mental
hygiene law, as added by chapter 7 of the laws of 2007, is amended and a
new paragraph 6 is added to read as follow:
  (5) A description of the person's institutional history, including his
or her participation in any sex offender treatment program[.]; AND
  (6) RECORDS OF  PAROLE RELEASE INTERVIEWS PREPARED PURSUANT TO SUBPAR-
AGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION  TWO  HUNDRED
FIFTY-NINE-I OF THE EXECUTIVE LAW.
  S  3.  Subdivision  (d) of section 10.05 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13861-01-2

S. 6785                             2

  (d) The commissioner shall be authorized to  designate  multidiscipli-
nary  staff,  including  clinical  and  other professional personnel, to
provide a preliminary review of the need for detained sex  offenders  to
be evaluated under the procedures of this section. When the commissioner
receives  notice pursuant to subdivision (b) of this section, such staff
shall review and assess relevant medical, clinical, criminal,  [or]  AND
institutional  records,  actuarial  risk assessment instruments [or] AND
other records and reports, including RECORDS OF  PAROLE  RELEASE  INTER-
VIEWS WHERE APPLICABLE, AND records and reports provided by the district
attorney of the county where the person was convicted, or in the case of
persons  determined  to be incapacitated or not responsible by reason of
mental disease or defect, the county where the person was charged.  Upon
such review and assessment, the staff shall determine whether the person
who  is  the  subject  of the notice should be referred to a case review
team for evaluation.
  S 4.  This act shall take effect on the thirtieth day after  it  shall
have become a law.

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