NY State Assembly Bill 2009-A10589

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2010	referred to correction

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2009-A10589 (ACTIVE) - Details

Current Committee:: Assembly Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-c, add §259-t, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A2042

2009-A10589 (ACTIVE) - Summary

Allows the governor to review decisions by the parole board to grant or deny release on parole to inmates serving a sentence of imprisonment, or the imposition of conditions of such release; allows the governor to delay the scheduled release of an inmate to parole by not more than fifteen days for the purpose of conducting such a review.

2009-A10589 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10589

TITLE OF BILL:  An act to amend the executive law, in relation to allow-
ing the governor to review decisions by the parole board

PURPOSE OR GENERAL IDEA OF BILL:  To protect the public by ensuring that
the  decisions  of  the  Parole  Board  to  release inmates convicted of
violent and serious  felonies  are  consistent  with  the  interests  of
justice and existing provisions of law, and that these releases will not
endanger  the  public,  by giving the Governor the authority to directly
review the decisions of the Parole Board.

SUMMARY OF SPECIFIC PROVISIONS: 55 1-5. Amends various sections  of  the
Executive  Law  to  make  decisions  of  the Parole Board or its members
subject to limitations imposed by the new section 259-S.

§6. Adds a new Section 259-S to the  Executive  Law  providing  for  the
review  of Parole Board decisions by the Governor, specifically allowing
the Governor to:

*Review the decisions by the Parole Board to grant or  deny  release  of
inmates, and the conditions imposed on such release;

*Delay the release of an inmate on parole for up to fifteen days pending
such a review;

*Direct  the  Parole  Board  to reconsider its decision to grant or deny
release;

* Grant release to an inmate denied release by the Parole Board;

*Deny parole release of an inmate serving a sentence for a class A or  B
felony  (except  for  drug  offenses),  persistent  felony offenders, or
persistent violent felony offenders, and

*Remove, impose, or modify conditions of  release  for  inmates  granted
parole.

In  reviewing  the  decisions of the Parole Board, the Governor would be
required to apply the same standards the Parole  Board  is  expected  to
follow  in  making release decisions. When the Governor reverses a deci-
sion of the Parole Board, or modifies the conditions  of  release  of  a
parolee,  he would be required to notify the Parole Board and the super-
intendent of the correctional facility to which the inmate  is  confined
of  his  decision  and  the reasons for such decision, Parolees would be
notified of the Governor's delaying of their release, the reversal of  a
Parole  Board decision, or modifications to their conditions of release,
but not until the Parole Board and the superintendent of the correction-
al facility to which the inmate in confined is notified.

§7. Effective date: Immediately.

EXISTING LAW: Current law authorizes the Governor to grant  pardons  and
commutations of sentences. The Governor is also responsible for appoint-
ing the members of the Board of Parole.

JUSTIFICATION:  Recent public reports have documented an increase in the
rates of violent felons, specifically inmates convicted of non-drug  A-I
felonies,  being  granted parole release. Overly loose parole guidelines
or the loose application of parole guidelines, threaten public safety in
two ways. First, releasing violent felons risks giving  these  criminals
the  opportunity  to  commit  new  crimes.    Second,  requiring inmates
convicted of serious crimes to serve only short periods of  imprisonment
emboldens  criminals  by giving the false impression that the state does
not take these crimes seriously.

This bill would make the Governor directly responsible for  the  release
of  parolees by giving the Governor the authority to review Parole Board
decisions. This would ensure that members of the Parole  Board  exercise
their  broad discretion to grant release appropriately. In the case of a
person convicted of a class A or B felony (but not a  drug  felony),  or
persistent  felony  or persistent violent felony offenders, the Governor
would be given the authority to deny  releases  granted  by  the  Parole
Board.  The  Governor  would  also be given the authority to refer cases
back to the Parole Board,  grant  parole  to  inmates  who  were  denied
release, or modify the conditions of release imposed by the Parole Board
on  a  parolee.  The  State  of  California  grants its Governor similar
authority.

The Governor would have  the  opportunity  to  deny  parole  to  inmates
convicted  of  serious  felonies,  such as in cases when he believes the
nature of the crime or the inmates' behavior while incarcerated  do  not
warrant early release. Likewise, in the event that the Governor believes
that  an  inmate  denied parole has served a sufficient prison term, and
that the inmate will not pose a danger to the public, the Governor would
be empowered to release that inmate, in his sole discretion.  By  making
the  Governor  directly  responsible  for parole release decisions, this
legislation would return this final authority to  an  elected  official,
and not leave these decisions solely to a panel of appointed commission-
ers.

PRIOR  LEGISLATIVE  HISTORY:    2008: A.10108; Held for consideration in
Correction

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:  Minimal.

EFFECTIVE DATE: Immediately.

2009-A10589 (ACTIVE) - Bill Text download pdf

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

                                  10589

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced  by  M.  of  A.  TEDISCO, AMEDORE, BURLING, FINCH, McDONOUGH,
  McKEVITT -- Multi-Sponsored by -- M. of A.  ALFANO,  BACALLES,  BARRA,
  BUTLER,  CONTE,  CROUCH,  DUPREY,  GIGLIO,  J. MILLER, MOLINARO, OAKS,
  RAIA, THIELE, TOWNSEND -- read once and referred to the  Committee  on
  Correction

AN  ACT to amend the executive law, in relation to allowing the governor
  to review decisions by the parole board

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

  Section  1.  Subdivision  1  of section 259-c of the executive law, as
amended by section 8 of part J of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  1.   SUBJECT  TO  THE  LIMITATIONS  IMPOSED  BY  SECTION  TWO  HUNDRED
FIFTY-NINE-T OF THIS ARTICLE, have the power  and  duty  of  determining
which inmates serving an indeterminate or determinate sentence of impri-
sonment  may  be  released  on  parole, or on medical parole pursuant to
section two hundred fifty-nine-r or section two hundred fifty-nine-s  of
this article, and when and under what conditions;
  S  2.  Subdivision 1 of section 259-c of the executive law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  1.  SUBJECT  TO  THE  LIMITATIONS  IMPOSED  BY  SECTION  TWO   HUNDRED
FIFTY-NINE-T  OF  THIS  ARTICLE,  have the power and duty of determining
which inmates serving an indeterminate sentence of imprisonment  may  be
released on parole, or on medical parole pursuant to section two hundred
fifty-nine-r of this article, and when and under what conditions;
  S  3.  Subdivision 2 of section 259-c of the executive law, as amended
by section 7 of part E of chapter 62 of the laws of 2003, is amended  to
read as follows:
  2.   SUBJECT  TO  THE  LIMITATIONS  IMPOSED  BY  SECTION  TWO  HUNDRED
FIFTY-NINE-T OF THIS ARTICLE, have the power and duty of determining the
conditions of release of the person who may be  presumptively  released,
conditionally  released  or  subject  to a period of post-release super-
vision under an indeterminate or determinate sentence of imprisonment;
  S 4. Subdivision 2 of section 259-c of the executive law, as separate-
ly amended by chapter 904 of the laws of 1977 and chapter 1 of the  laws
of 1998, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16015-02-0

A. 10589                            2

  2.   SUBJECT  TO  THE  LIMITATIONS  IMPOSED  BY  SECTION  TWO  HUNDRED
FIFTY-NINE-T OF THIS ARTICLE, have the power and duty of determining the
conditions of release of the person who may be conditionally released or
subject to a period of post-release supervision under  an  indeterminate
or reformatory sentence of imprisonment and of determining which inmates
serving  a  definite  sentence  of  imprisonment  may  be  conditionally
released and when and under what conditions;
  S 5. The executive law is amended by adding a  new  section  259-t  to
read as follows:
  S  259-T.  REVIEW  OF PAROLE DETERMINATIONS BY THE GOVERNOR.  NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY:
  1. THE GOVERNOR SHALL HAVE THE POWER TO REVIEW DECISIONS BY THE PAROLE
BOARD OR MEMBERS THEREOF TO GRANT OR DENY RELEASE ON PAROLE  TO  INMATES
SERVING  A  SENTENCE OF IMPRISONMENT, OR THE IMPOSITION OF CONDITIONS OF
SUCH RELEASE, AND MAY DELAY THE SCHEDULED RELEASE OF AN INMATE TO PAROLE
BY NOT MORE THAN FIFTEEN DAYS FOR THE  PURPOSES  OF  CONDUCTING  SUCH  A
REVIEW,  PROVIDED  THAT THE BOARD AND THE SUPERINTENDENT OF THE FACILITY
IN WHICH SUCH INMATE IS CONFINED, OR HIS OR HER DESIGNEE, SHALL BE NOTI-
FIED OF SUCH DELAY NOT LESS THAN FORTY-EIGHT HOURS PRIOR TO THE TIME  AT
WHICH SUCH INMATE IS TO BE RELEASED, AND THE BOARD SHALL CAUSE NOTIFICA-
TION OF SUCH DELAY TO BE MADE TO SUCH INMATE AS SOON AS PRACTICABLE, BUT
NOT  UNTIL  AFTER  CONSULTING WITH THE SUPERINTENDENT OF THE FACILITY IN
WHICH SUCH INMATE IS CONFINED, OR HIS OR HER DESIGNEE.
  2. WHEN AN INMATE SERVING A SENTENCE  OF  IMPRISONMENT  IS  DENIED  OR
GRANTED  RELEASE  ON PAROLE, THE GOVERNOR MAY DIRECT THAT THE FULL BOARD
REVIEW SUCH DECISION, PROVIDED THAT, UNLESS SUCH DECISION WAS THE RESULT
OF AN APPEAL PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THIS  ARTI-
CLE,  ANY  BOARD  MEMBER WHO PARTICIPATED IN THE DECISION FROM WHICH THE
APPEAL IS TAKEN MAY NOT PARTICIPATE IN THE RESOLUTION  OF  THAT  APPEAL.
THE  BOARD  SHALL  PROMULGATE  REGULATIONS FOR THE CONSIDERATION OF SUCH
REVIEWS. UPON SUCH REVIEW, THE INMATE MAY BE REPRESENTED BY AN ATTORNEY.
WHERE THE INMATE IS FINANCIALLY UNABLE TO PROVIDE FOR  HIS  OR  HER  OWN
ATTORNEY,  UPON  REQUEST  AN  ATTORNEY SHALL BE ASSIGNED PURSUANT TO THE
PROVISIONS OF SUBPARAGRAPH (V) OF PARAGRAPH (F) OF SUBDIVISION THREE  OF
SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE, PROVIDED THAT THE COST
OF  SUCH REPRESENTATION SHALL BE A CHARGE TO THE STATE. IN DECIDING ON A
REVIEW PURSUANT TO THIS  SUBDIVISION,  A  MAJORITY  VOTE  OF  THE  BOARD
MEMBERS  TAKING  PART  IN  SUCH  REVIEW  SHALL BE REQUIRED TO RELEASE AN
INMATE TO PAROLE.
  3. WHEN AN INMATE SERVING A SENTENCE OF IMPRISONMENT IS DENIED RELEASE
TO PAROLE, THE GOVERNOR MAY, IN HIS OR HER SOLE DISCRETION, REVERSE SUCH
DENIAL, DIRECT THE RELEASE OF SUCH  INMATE,  AND  DIRECT  THE  BOARD  OF
PAROLE  TO IMPOSE CONDITIONS UPON THE RELEASE OF SUCH INMATE, CONSISTENT
WITH THE STANDARDS AND REGULATIONS  OF  THE  BOARD,  PROVIDED  THAT  THE
GOVERNOR  MAY  MODIFY SUCH CONDITIONS OR IMPOSE ANY CONDITIONS UPON SUCH
INMATE'S RELEASE AS THE GOVERNOR MAY, IN HIS OR HER DISCRETION,  BELIEVE
APPROPRIATE.  RELEASE  PURSUANT TO THIS SUBDIVISION SHALL NOT BE CONSID-
ERED A PARDON OR COMMUTATION BY THE GOVERNOR.
  4. WHEN AN INMATE SERVING A SENTENCE OF IMPRISONMENT FOR A  CONVICTION
OF A CLASS A OR CLASS B FELONY AS DEFINED IN THE PENAL LAW, EXCEPT FOR A
CLASS  A  OR CLASS B FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO
HUNDRED TWENTY-ONE OF THE  PENAL  LAW,  OR  WHEN  THE  INMATE  HAS  BEEN
SENTENCED A PERSISTENT VIOLENT FELONY OFFENDER PURSUANT TO SECTION 70.08
OF  THE  PENAL  LAW  OR A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION
70.10 OF THE PENAL LAW, IS GRANTED RELEASE TO PAROLE, THE GOVERNOR  MAY,
IN  HIS  OR  HER  SOLE  DISCRETION,  REVERSE  SUCH  GRANTING OF RELEASE,

A. 10589                            3

PROVIDED THAT THE PAROLE BOARD SHALL SCHEDULE A  HEARING  TO  RECONSIDER
THE  RELEASE OF AN INMATE NOT MORE THAN TWENTY-FOUR MONTHS FROM THE DATE
OF THE DECISION BY THE BOARD  TO  GRANT  RELEASE.  SUCH  RECONSIDERATION
SHALL  BE  CONDUCTED  IN  ACCORDANCE WITH SUBDIVISION TWO OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THIS ARTICLE, PROVIDED  THAT  THE  PAROLE  BOARD
SHALL  NOT  CONSIDER  THE  REVERSAL  OF THE BOARD'S PREVIOUS GRANTING OF
RELEASE OF SUCH INMATE BY THE GOVERNOR WHEN RECONSIDERING SUCH  RELEASE,
PROVIDED FURTHER HOWEVER, THAT THE BOARD MAY CONSIDER ANY SPECIFIC FIND-
INGS BY THE GOVERNOR GIVEN AS THE BASIS FOR THE PREVIOUS REVERSAL OF THE
DECISION OF THE BOARD OR ITS MEMBERS.
  5.  WHEN  AN  INMATE  IS  RELEASED ON PAROLE, THE GOVERNOR MAY REMOVE,
MODIFY OR IMPOSE ADDITIONAL CONDITIONS UPON SUCH RELEASE, PROVIDED  THAT
SUCH  CONDITIONS  SHALL  BE  REASONABLE AND THE GOVERNOR SHALL IMPOSE NO
CONDITIONS WHICH THE PAROLE BOARD WOULD NOT BE AUTHORIZED TO IMPOSE.  IN
THE  EVENT  THAT  THE GOVERNOR REMOVES, MODIFIES, OR IMPOSES SUCH CONDI-
TIONS, THE PAROLE BOARD SHALL NOTIFY THE INMATE BEING RELEASED TO PAROLE
WITH SUCH CONDITIONS IN WRITING OF SUCH REMOVED, MODIFIED, OR ADDITIONAL
CONDITIONS, AND SHALL CONSIDER SUCH CONDITIONS TO HAVE BEEN  IMPOSED  BY
THE BOARD FOR THE PURPOSES OF SUPERVISING SUCH PAROLEE.
  6. IN REVERSING A DECISION OF THE BOARD PURSUANT TO SUBDIVISIONS THREE
OR  FOUR OF THIS SECTION, THE GOVERNOR SHALL APPLY THE GUIDELINES ESTAB-
LISHED BY THE BOARD PURSUANT TO SUBDIVISION FOUR OF SECTION TWO  HUNDRED
FIFTY-NINE-C OF THIS ARTICLE AND SHALL CONSIDER ONLY THOSE FACTORS SPEC-
IFIED IN SUBPARAGRAPH (A) OF PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION
TWO  HUNDRED  FIFTY-NINE-I  OF  THIS  ARTICLE, PROVIDED THAT FOR INMATES
WHOSE MINIMUM PERIOD OF IMPRISONMENT  WAS  NOT  FIXED  PURSUANT  TO  THE
PROVISIONS  OF  SUBDIVISION  ONE  OF SECTION TWO HUNDRED FIFTY-NINE-I OF
THIS ARTICLE, SUCH FACTORS TO BE CONSIDERED BY THE GOVERNOR  SHALL  ALSO
INCLUDE THOSE FACTORS LISTED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SUCH
SECTION.  WHEN REVERSING SUCH A DECISION, THE GOVERNOR SHALL SPECIFY, IN
WRITING, THE BASIS FOR SUCH REVERSAL IN DETAIL  AND  NOT  IN  CONCLUSORY
TERMS.
  7.  UPON  MAKING A DETERMINATION TO REVERSE A DECISION OF THE BOARD OR
TO REMOVE, MODIFY, OR IMPOSE ADDITIONAL CONDITIONS OF  RELEASE  UPON  AN
INMATE  OR  PAROLEE PURSUANT TO THIS SECTION, THE GOVERNOR SHALL NOTIFY,
IN WRITING, THE BOARD AND THE SUPERINTENDENT OF THE  FACILITY  IN  WHICH
SUCH  INMATE  IS CONFINED, OR HIS OR HER DESIGNEE, OF SUCH DETERMINATION
AND THE BASIS THEREFOR, NOT LESS THAN FORTY-EIGHT HOURS BEFORE THE  TIME
SUCH  INMATE IS SCHEDULED TO BE RELEASED, PROVIDED THAT IF SUCH REVERSAL
IS OF A DECISION TO DENY RELEASE TO AN  INMATE,  SUCH  NOTICE  SHALL  BE
PROVIDED  TO  THE  BOARD NOT LESS THAN FOURTEEN DAYS AFTER THE DENIAL BY
THE BOARD OF RELEASE FOR SUCH  INMATE.  THE  BOARD  SHALL  CAUSE  TO  BE
PROVIDED  TO  SUCH  INMATE A COPY OF SUCH NOTICE AS SOON AS PRACTICABLE,
BUT NOT BEFORE CONSULTING WITH THE SUPERINTENDENT  OF  THE  FACILITY  IN
WHICH SUCH INMATE IS CONFINED, OR HIS OR HER DESIGNEE.
  S  6. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 259-c of the executive  law,  made  by
section  one  of this act, shall not affect the expiration and reversion
of such subdivision, pursuant to chapter 3 of  the  laws  of  1995,  and
shall  be deemed to expire therewith, whereupon such date the provisions
of section two of this act shall take effect;  provided,  further,  that
the  amendments  to subdivision 2 of section 259-c of the executive law,
made by section three of this act, shall not affect the  expiration  and
reversion  of  such  subdivision,  pursuant  to chapter 3 of the laws of
1995, and shall be deemed to expire therewith, whereupon such  date  the
provisions of section four of this act shall take effect.

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Assembly Bill A10589

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

multi-Sponsors

2009-A10589 (ACTIVE) - Details

2009-A10589 (ACTIVE) - Summary

2009-A10589 (ACTIVE) - Sponsor Memo

2009-A10589 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

TEDISCO

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

George Amedore

Daniel Burling

Gary Finch

David McDonough

multi-Sponsors

Thomas Alfano

James Bacalles

Robert Barra

Marc Butler

2009-A10589 (ACTIVE) - Details

2009-A10589 (ACTIVE) - Summary

2009-A10589 (ACTIVE) - Sponsor Memo

2009-A10589 (ACTIVE) - Bill Text download pdf

Comments