Senate Bill S425

                            
                    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.