senate Bill S4133

Requires unanimous agreement by the parole board to release an inmate on parole

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 12 / Mar / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1002
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO CORRECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Requires unanimous agreement by the parole board to release an inmate on parole.

do you support this bill?

Bill Details

Versions:
S4133
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1993
2009-2010: S8259

Sponsor Memo

BILL NUMBER:S4133

TITLE OF BILL: An act to amend the executive law, in relation to
requiring unanimous agreement by the parole board to release an inmate
on parole

PURPOSE: To require unanimous consent of the Parole Board to release
an inmate on parole

SUMMARY OF PROVISIONS:

Sections one and two of this bill amend Executive Law section
259(2)(a) to require that decisions of the Parole Board to grant
parole to an inmate must be unanimous.

Section two provides that this act shall take effect immediately,
provided that the amendments to paragraph (a) of subdivision 2 of
section 259-i of the executive law made by section one of this act
shall be subject to the expiration and reversion of such paragraph
pursuant to 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.

EXISTING LAW: Currently, a majority of the Board is required for an
inmate to be granted parole.

JUSTIFICATION: When it comes to making the critical determination
whether to set someone free on parole, the Parole Board should seek
unanimity. When an inmate who was convicted in the killing of a police
officer is up for parole, the Board's decision to grant parole needs
to be unanimous. In Spring 2013, the Parole Board is scheduled to
decide whether Betsy Ramos should be paroled. Ramos was convicted in
the death of NYPD Officer Anthony Mosomillo.

In 2012, the Appellate Division, Third Department heard two cases
where the Board rescinded parole. In the case of Pablo Costello, who
was convicted in the killing of NYPD Officer David Guttenberg, the
Parole Board, with a 2-1 vote, granted Costello parole. When it was
discovered that the victim's family had not been notified of the
parole hearing or given the opportunity to make a victim impact
statement in accordance with the law, the Board rescinded parole.
Costello appealed and the Appellate Division upheld the rescission.

In 2010, the Parole Board voted 2-1 to grant parole to cop killer
Shuaib Raheem. Raheem was involved in a botched armed robbery in
Williamsburg, NY in 1973, which resulted in the death of Patrolman
Stephen Gilroy and injured Patrolman Frank Carpentier. After pressure
from some Senators and police organizations, cop killer John
MacKenzie, who opened fire during a burglary in West Hempstead in 1975
and killed Nassau County Police Officer Matthew Giglio, was denied
parole in 2010. He was denied parole again in 2012 and is eligible for
parole in June 2014. Another convicted cop-killer Anthony Blanks was
scheduled for a parole hearing at Shawangunk State Prison in Wallkill,
NY. Blanks is a cold-blooded cop-killer and a dangerous criminal. He
killed Patrolman Arthur Dematte in 1976 in Larchmont, using the
policeman's own revolver, and then fled in his police cruiser. That


homicide left Patrolman Dematte's wife without a husband, his four
young children without a father, and his fellow officers without a
friend and partner. Each time Anthony Blanks is eligible for parole,
the family is once again victimized and the Police Department relives
this tragedy.

LEGISLATIVE HISTORY: 2011-2: S.1993 - Referred to Crime Victims,
Crime and Corrections 2010: S.8259 - Referred to Rules

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately, provided that
the amendments to paragraph (a) of subdivision 2 of section 259-i of
the executive law made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to 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.

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

                                  4133

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  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 requiring unanimous
  agreement by the parole board to release an inmate on parole

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

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 2 of
section 259-i of the executive law, as  amended  by  section  38-f-1  of
subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  (i) Except as provided in subparagraph  (ii)  of  this  paragraph,  at
least  one  month  prior  to  the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a  member
or  members  as  determined  by  the rules of the board shall personally
interview such inmate and determine whether he OR SHE should be  paroled
in  accordance  with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c of this article. SUCH  DETERMINATION
TO  PAROLE  SUCH INMATE SHALL BE UNANIMOUS BY AGREEMENT OF THE BOARD. If
parole is not granted upon such review, the inmate shall be informed  in
writing  within  two weeks of such appearance of the factors and reasons
for such denial of parole. Such reasons shall be given in detail and not
in conclusory terms. The board shall specify a date not more than  twen-
ty-four  months  from  such  determination  for reconsideration, and the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole. Such conditions shall where appropriate, include  a  requirement
that the parolee comply with any restitution order, mandatory surcharge,
sex offender registration fee and DNA databank fee previously imposed by
a  court  of  competent  jurisdiction  that  applies to the parolee. The
conditions shall indicate which  restitution  collection  agency  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07446-01-3

S. 4133                             2

lished  under subdivision eight of section 420.10 of the criminal proce-
dure law, shall be responsible for collection of restitution,  mandatory
surcharge,  sex  offender  registration  fees  and  DNA databank fees as
provided  for  in  section  60.35  of the penal law and section eighteen
hundred nine of the vehicle and traffic law.
  S 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
  (a) At least one month prior to the expiration of the  minimum  period
or  periods  of  imprisonment  fixed  by the court or board, a member or
members as determined by the rules of the board shall personally  inter-
view  an  inmate serving an indeterminate sentence and determine whether
he OR SHE should be paroled at the expiration of the minimum  period  or
periods  in  accordance with the procedures adopted pursuant to subdivi-
sion four of section two hundred  fifty-nine-c.  SUCH  DETERMINATION  TO
PAROLE  SUCH  INMATE  SHALL  BE  UNANIMOUS BY AGREEMENT OF THE BOARD. If
parole is not granted upon such review, the inmate shall be informed  in
writing  within  two weeks of such appearance of the factors and reasons
for such denial of parole. Such reasons shall be given in detail and not
in conclusory terms. The board shall specify a date not more than  twen-
ty-four  months  from  such  determination  for reconsideration, and the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole. Such conditions shall where appropriate, include  a  requirement
that  the  parolee  comply  with  any  restitution  order  and mandatory
surcharge previously imposed by a court of competent  jurisdiction  that
applies  to the parolee. The conditions shall indicate which restitution
collection agency established under subdivision eight of section  420.10
of  the  criminal  procedure law, shall be responsible for collection of
restitution and mandatory surcharge as provided for in section 60.35  of
the penal law and section eighteen hundred nine of the vehicle and traf-
fic law.
  S  3. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
tive law made by section one of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.