S T A T E O F N E W Y O R K
________________________________________________________________________
7248
I N S E N A T E
May 2, 2012
___________
Introduced by Sen. GALLIVAN -- 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 altering the member-
ship of the state board of parole
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-b of the executive law, as
amended by section 38-a of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
1. There shall be in the department a state board of parole [which]
THAT shall possess the powers and duties hereinafter specified. The
board shall function independently of the department regarding all of
its decision-making functions, as well as any other powers and duties
specified in this article, provided, however, that administrative
matters of general applicability within the department shall be applica-
ble to the board. Such board shall consist of not more than nineteen
members [appointed by the governor with the advice and consent of the
senate]. THE FIRST, THIRD, FIFTH, SEVENTH, NINTH, ELEVENTH AND THIR-
TEENTH MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE GOVERNOR.
THE SECOND, SIXTH, TENTH AND FOURTEENTH MEMBERS OF THE PAROLE BOARD
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE FOURTH,
EIGHTH, TWELFTH AND FIFTEENTH MEMBERS OF THE PAROLE BOARD SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY. THE SIXTEENTH AND EIGHTEENTH
MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE MINORITY LEADER OF
THE SENATE. THE SEVENTEENTH AND NINETEENTH MEMBERS OF THE PAROLE BOARD
SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. WHENEVER A
VACANCY OCCURS OR THE TERM OF ANY MEMBER EXPIRES, HIS OR HER SEAT SHALL
BE FILLED IN THE MANNER OF HIS OR HER ORIGINAL APPOINTMENT. The term of
office of each member of such board shall be for six years; provided,
however, that any member chosen to fill a vacancy occurring otherwise
than by expiration of term shall be appointed for the remainder of the
unexpired term of the member whom he OR SHE is to succeed. In the event
of the inability to act of any member, the governor may appoint some
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15658-01-2
S. 7248 2
competent informed person to act in his OR HER stead during the contin-
uance of such disability.
S 2. For the purpose of numbering sitting members of the parole board
when this act takes effect, the appointed or acting parole board member
with his or her term having the earliest expiration date shall be
considered the first member of the parole board. The appointed or acting
parole board member with his or her term having the next earliest expi-
ration date shall be considered the second member, and so on until all
parole board members are numbered. In the event that two or more
members' terms expire on the same day the older member shall be consid-
ered the lower numbered member of the parole board. No part of this act
shall be construed to modify in any way the term of an appointed member
of the parole board or to make any acting member of the parole board an
appointed member.
S 3. This act shall take effect immediately.