|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to crime victims, crime and correction|
|May 13, 2011||referred to crime victims, crime and correction|
senate Bill S5374
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5374 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Executive Law
- Laws Affected:
- Amd §259-i, Exec L
S5374 - Summary
Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records.
S5374 - Sponsor Memo
BILL NUMBER:S5374 TITLE OF BILL: An act to amend the executive law, in relation to modifying the procedure for interviews of parole applicants and to the disclosure of parole applicant records PURPOSE: To provide clarification and guidance to inmates who have been denied parole in order to take proper steps to be granted parole in the future. SUMMARY OF PROVISIONS: Section One of the bill states that at least three months prior to a parole hearing, a parole applicant may be personally interviewed by a member or members of the parole board to determine if the parole applicant shall be paroled. The interview shall take place with all parties in the same room and videotaped. This recording shall be limited to the Parole Board, the parole applicant and his or her representative. At least one month before the interview, the parole applicant must have access to the contents of his or her parole file.
S5374 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5374 2011-2012 Regular Sessions I N S E N A T E May 13, 2011 ___________ Introduced by Sen. DUANE -- 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 modifying the proce- dure for interviews of parole applicants and to the disclosure of parole applicant records 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 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: (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least [one month] THREE MONTHS prior to the date on which [an inmate] A PAROLE APPLICANT 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] PAROLE APPLICANT and determine whether he OR SHE should be paroled in accordance with the [guidelines] PROCEDURES adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. THE INTERVIEW SHALL TAKE PLACE WITH ALL PARTIES PRESENT IN THE SAME ROOM. THE INTERVIEW SHALL BE RECORDED AUDIO-VISUALLY AND THIS RECORDING SHALL BE MADE AVAILABLE TO THE BOARD AND THE PAROLE APPLICANT OR THE PAROLE APPLICANT'S REPRESEN- TATIVE ONLY. AT LEAST ONE MONTH PRIOR TO THE PAROLE HEARING PAROLE APPLICANTS SHALL BE PROVIDED THE OPPORTUNITY TO REVIEW ALL DOCUMENTS CONTAINED IN THEIR PAROLE FILE OR THAT OTHERWISE WILL BE MADE AVAILABLE FOR THE BOARD'S DISCRETIONARY RELEASE CONSIDERATION. NO DOCUMENTS SHALL BE CONSIDERED CONFIDENTIAL EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) OF PARAGRAPH (C) OF THIS SUBDIVISION. RECORDS CONCERNING OR RELATING TO THE MENTAL HEALTH EXAMINATION OR TREATMENT OF THE PAROLE APPLICANT SHALL BE DISCLOSED UNLESS, IN ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET FORTH IN SECTION 33.16 OF THE MENTAL HYGIENE LAW, IT IS DETERMINED BY A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11519-01-1
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