S T A T E O F N E W Y O R K
________________________________________________________________________
S. 425 A. 1188
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2009
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Correction
AN ACT to amend the executive law, in relation to the time in which
reconsideration for parole shall be determined
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 separately amended by section 11
of part E and section 9 of part F of chapter 62 of the laws of 2003, 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 should be paroled in
accordance with the guidelines adopted pursuant to subdivision four of
section two hundred fifty-nine-c of this article. 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 [twenty-four] SIXTY
months from such determination for reconsideration, and the procedures
to be followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00741-01-9
S. 425 2 A. 1188
registration fee and DNA databank fee previously imposed by a court of
competent jurisdiction that applies to the parolee. The board of parole
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, 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 chapter 396 of the laws of 1987, 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 should be paroled at the expiration of the minimum period or periods
in accordance with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c. 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 [twenty-four] SIXTY months from such
determination for reconsideration, and the procedures to be followed
upon reconsideration shall be the same. If the inmate is released, he
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 board
of parole 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 traffic law.
S 3. This act shall take effect immediately; provided that the amend-
ments to subparagraph (i) of 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
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.