Senate Bill S2672

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

                                  2672

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens. MORAHAN, LARKIN, PADAVAN -- 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 a detailed
  written explanation for the release of an inmate from prison

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

  Section  1.  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:
  (a)  (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  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. IF  PAROLE  IS  GRANTED
UPON  SUCH REVIEW, THE PAROLE BOARD SHALL PREPARE WITHIN ONE WEEK OF THE
DETERMINATION TO GRANT PAROLE A WRITTEN EXPLANATION OF THE  FACTORS  AND
REASONS  FOR  THE BOARD'S DECISION. SUCH REASON SHALL BE GIVEN IN DETAIL
AND NOT IN CONCLUSORY TERMS. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08566-01-9
              

S. 2672                             2

and  DNA  databank fee previously imposed by a court of competent juris-
diction 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  regis-
tration  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 traf-
fic law.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the parole board as provided  in  subparagraph  (i)  of  this  paragraph
unless   such  inmate's  scheduled  presumptive  release  is  forfeited,
canceled, or rescinded subsequently as provided in  such  law.  In  such
event,  the  inmate  shall  appear  before  the parole board for release
consideration as provided in subparagraph (i) of this paragraph as  soon
thereafter as is practicable.
  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 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  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall be the same.  IF PAROLE  IS  GRANTED
UPON  SUCH REVIEW, THE PAROLE BOARD SHALL PREPARE WITHIN ONE WEEK OF THE
DETERMINATION TO GRANT PAROLE A WRITTEN EXPLANATION OF THE  FACTORS  AND
REASONS FOR THE BOARD'S DECISION.  SUCH REASONS SHALL BE GIVEN IN DETAIL
AND  NOT IN CONCLUSORY TERMS. 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  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,  however,  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 not affect the expi-
ration  and  reversion of such paragraph as provided in 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.