senate Bill S6846

Relates to the state council for adult offender supervision and presumptive release

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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

  • 28 / Mar / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 01 / May / 2012
    • 1ST REPORT CAL.682
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 08 / May / 2012
    • SUBSTITUTED BY A9659

Summary

Relates to the state council for adult offender supervision and presumptive release.

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Bill Details

See Assembly Version of this Bill:
A9659
Versions:
S6846
Legislative Cycle:
2011-2012
Law Section:
Correction Law
Laws Affected:
Amd §2, Chap 688 of 2003; amd §806, Cor L

Sponsor Memo

BILL NUMBER:S6846

TITLE OF BILL:

An act
to amend chapter 688 of the laws of 2003 amending the executive law,
relating to enacting the interstate compact for adult offender
supervision, in relation to the state council for adult offender
supervision; and to amend the correction law, in relation to presumptive
release

PURPOSE OF BILL:

This bill would amend Chapter 688 of the Laws of 2003 that created the
State Council for Interstate Adult Offender Supervision ("State
Council") and Correction Law § 806(6), to make technical corrections
that are required following the 2011 merger of the Division of Parole
("DOP") and the Department of Correctional Services ("DOCS") into the
new Department of Corrections and Community Supervision ("DOCCS").

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Chapter 688 of the Laws of 2003, as
amended by Chapter 368 of the Laws of 2004, by moving the State
Council from DOP to DOCCS. It also would correct the titles of the
members of the State Council in light of the merger.

Section 2 of the bill would amend Correction Law § 806(6) to change a
reference from Executive Law § 259-b to Executive Law § 259-i.

Section 3 of the bill provides the effective date.

EXISTING LAW:

In Chapter 688 of the Laws of 2003, the State adopted the Interstate
Compact for Adult Offender Supervision in Executive Law § 259-mm.
Chapter 368 of the Laws of 2004 revised the structure of the State
Council, an entity that must exist in every state that is a signatory
to the " Interstate Compact for Adult Offender Supervision, by
placing it within DOP. Part C of Chapter 62 of the Laws of 2011
eliminated DOP and merged its functions into a newly created DOCCS.

Correction Law § 806 (6) sets forth the standards and criteria for
presumptive release of non-violent offenders but mistakenly
references Executive Law § 259-b, which merely sets forth the
organization of the Board of Parole, rather than Executive § 259-i.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The legislation that merged DOP and DOCS did n9t address the placement
of the State Council but continued its existence within DOP. This
technical amendment will now place the State Council with DOCCS


thereby complying with the Interstate Compact for Adult Offender
Supervision. Other technical amendments are made to update the names
of agencies in light of the recent merger.

Correction Law § 806(6) also contains a technical error resulting from
the legislation that created DOCCS. In referencing the Board of
Parole's discretionary power to release inmates, the law amended
Correction Law §806(6) by mistakenly referencing Executive Law
259-b which relates to the Board of Parole's organization. The
correct statutory reference should be Executive Law § 259-i which
addresses the Board of Parole's discretionary release authority.
This bill would correct this technical error.

BUDGET IMPLICATIONS:

This bill would have no budgetary impact.

EFFECTIVE DATE:

This law would take effect immediately.

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

                                  6846

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced  by  Sen.  NOZZOLIO -- (at request of the Board of Parole) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Crime Victims, Crime and Correction

AN  ACT  to amend chapter 688 of the laws of 2003 amending the executive
  law, relating to enacting the interstate compact  for  adult  offender
  supervision,  in  relation  to  the  state  council for adult offender
  supervision; and to amend the correction law, in relation to  presump-
  tive release

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

  Section 1. Section 2 of chapter 688 of the laws of 2003  amending  the
executive  law,  relating  to  enacting the interstate compact for adult
offender supervision, as amended by chapter 368 of the laws of 2004,  is
amended to read as follows:
  S  2.  Pursuant  to article IV of section 259-mm of the executive law,
there is hereby created within the [division of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  a state council for interstate
adult offender supervision which shall consist of a compact  administra-
tor, to be appointed by the governor in consultation with the speaker of
the  assembly, the temporary president of the senate and the chief judge
of the court of appeals, two legislative representatives to be appointed
by the speaker of the assembly, two legislative  representatives  to  be
appointed by the temporary president of the senate, a judicial represen-
tative  to be appointed by the governor upon recommendation of the chief
judge of the court of appeals, THE COMMISSIONER  OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION OR HIS OR HER DESIGNEE, the chair-
person  of  the  board of parole or his or her designee, the director of
THE OFFICE OF probation and correctional  alternatives  or  his  or  her
designee,  the  [chairperson of the crime victims board] DIRECTOR OF THE
OFFICE OF VICTIM SERVICES or his or her designee,  the  commissioner  of
the  division of criminal justice services or his or her designee, and a
victims rights representative to be appointed by the governor. The coun-
cil shall exercise oversight and advocacy concerning  its  participation
in  interstate commission activities and other duties as the council may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14640-01-2

S. 6846                             2

determine, including but not  limited  to,  the  development  of  policy
concerning  the  operations  and  procedures  of  the compact within the
state.  Each appointed member of the council shall serve a term of  five
years. Any member chosen to fill a vacancy created other than by expira-
tion  of  term  shall  be appointed for the unexpired term of the member
whom he OR SHE is to succeed. Vacancies caused by the expiration of term
shall be filled in the same manner as original appointments  and  for  a
term  of  five years. The council members shall serve without salary but
shall be entitled to receive reimbursement for travel and other  related
expenses associated with participation in the work of the council.
  S 2. Subdivision 6 of section 806 of the correction law, as amended by
section  40 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  6. Any eligible inmate who is not released pursuant to subdivision one
or two of this section shall be considered for discretionary release  on
parole  pursuant to the provisions of section eight hundred five of this
article or section two hundred [fifty-nine-b] FIFTY-NINE-I of the execu-
tive law, whichever is applicable.
  S 3. This act shall take effect immediately;  provided,  however  that
the  amendments  to  section  2  of  chapter 688 of the laws of 2003 and
subdivision 6 of section 806 of the correction law made by sections  one
and  two  of this act, respectively, shall not affect the repeal of such
sections and shall expire and be deemed repealed therewith.

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