senate Bill S425

2009-2010 Legislative Session

Increases from twenty-four to sixty months, the time for which reconsideration for parole shall be determined

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to crime victims, crime and correction
Jan 07, 2009 referred to crime victims, crime and correction

S425 - Bill Details

See Assembly Version of this Bill:
A1188
Current Committee:
Law Section:
Executive Law

S425 - Bill Texts

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BILL NUMBER: S425

TITLE OF BILL :

An act to amend the executive law, in relation to the time in which
reconsideration for parole shall be determined


PURPOSE :

This bill would extend the number of months from twenty-four to sixty
as the time within which the parole board must set for reconsideration
of a denied application for parole.

SUMMARY OF PROVISIONS :

Section 1 of this bill amends Section 259-i(2)(a)(i) of the executive
law by providing that should parole be denied, the board shall specify
a date not more than sixty months from such determination for
reconsideration. This section of law is subject to expiration and
reversion pursuant to §74(d) of Chapter 3 of the Laws of 1995, and the
proposed amendment is set to also be subject to such expiration and
reversion.

Section 2 of the bill makes similar changes to Section 259-i(2)(a) of
the executive law which are scheduled to take effect when the
provisions above expire.

JUSTIFICATION :

Currently when parole is denied, the board has the discretion to set
the date for reconsideration for parole for any date within two years
of the denial of parole. In many cases, especially those involving
heinous acts of violence against another, parole will be denied
numerous times. However, each time an inmate is considered for
parole, the victim and his/her family is required to relive the horror
of the crime for the sake of impressing upon the Parole Board the
inappropriateness of early release. In these cases, when the board is
confident that their opinion regarding parole release will not be
changed by anything that can transpire within the next five years, the
board should have the discretion to set the date for reconsideration
of its denial of parole for any date within those five years. This
would still allow for an earlier reconsideration if warranted, yet
also give the victim and his/her family a greater period of time of
peace before the next parole consideration.

LEGISLATIVE HISTORY :

New bill.

FISCAL IMPLICATIONS :

This bill could result in some savings to the State by not requiring
parole considerations that are unnecessary.

EFFECTIVE DATE :
The first section of the bill would become effective immediately while
the second section of this bill would become effective when the
provisions of §74 (d) of Chapter 3 of the Laws of 1995 take effect.
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