senate Bill S1861A

2011-2012 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
May 16, 2012 print number 1861a
amend and recommit to finance
May 15, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
Jun 02, 2011 reported and committed to finance
Jan 13, 2011 referred to crime victims, crime and correction

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1861 - Bill Details

See Assembly Version of this Bill:
A2081A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S425, A1188

S1861 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1861

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:

2009-10: S.425

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

    S. 1861                                                  A. 2081

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2011
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, NOZZOLIO, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Crime Victims, Crime and Correction

IN  ASSEMBLY  --  Introduced  by  M.  of A. THIELE, McDONOUGH, LAVINE --
  Multi-Sponsored by -- M. of A. LANCMAN, RAIA -- 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.
                                                           LBD03765-01-1

S. 1861                             2                            A. 2081

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.

Co-Sponsors

view additional co-sponsors

S1861A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2081A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S425, A1188

S1861A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1861A

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:

2009-10: S.425

FISCAL IMPLICATIONS:

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


EFFECTIVE DATE:

This act shall take effect immediately; provided that the amendments
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1861--A                                            A. 2081--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2011
                               ___________

IN SENATE -- Introduced by Sens. LAVALLE, LARKIN, NOZZOLIO, RANZENHOFER,
  YOUNG  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on Crime Victims, Crime and  Correction  --
  recommitted to the Committee on Crime Victims, Crime and Correction in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN  ASSEMBLY  --  Introduced  by  M.  of A. THIELE, McDONOUGH, LAVINE --
  Multi-Sponsored by -- M. of A. LANCMAN, RAIA -- read once and referred
  to the Committee on Correction --  recommitted  to  the  Committee  on
  Correction  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 amended by section 38-f-1 of
subpart A of part C of chapter 62 of the laws of  2011,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03765-02-2

S. 1861--A                          2                         A. 2081--A

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
registration fee and DNA databank fee previously imposed by a  court  of
competent jurisdiction that applies to the parolee. The conditions shall
indicate  which restitution collection agency established under subdivi-
sion 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 section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, 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 procedures 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  condi-
tions  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.

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