senate Bill S7248

2011-2012 Legislative Session

Alters the composition of the state board of parole

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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 31, 2012 reported and committed to finance
May 02, 2012 referred to crime victims, crime and correction

Votes

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May 31, 2012 - Crime Victims, Crime and Correction committee Vote

S7248
8
1
committee
8
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Crime Victims, Crime and Correction Committee Vote: May 31, 2012

nay (1)
excused (1)

S7248 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-b, Exec L

S7248 - Bill Texts

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Alters the composition of the state board of parole to include members to be appointed upon the recommendation of the four legislative leaders.

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BILL NUMBER:S7248

TITLE OF BILL:
An act
to amend the executive law, in relation to altering the membership of
the state board of parole

PURPOSE:
To modify the appointment authority and process in regards to the
parole board.

SUMMARY OF PROVISIONS:
Section one amends the executive law to provide for up to 7 members of
the parole board being appointed by the governor, 4 each by the
Speaker of the Assembly and Temporary President of the Senate, and 2
each from the minority leaders of the Assembly and the Senate.

Section two numbers the sitting members of the parole board for the
purpose of following the procedures outlined in section one.

JUSTIFICATION:
Currently all members of the parole board are appointed by the
governor and confirmed by the Senate. Depending on the executives
that are elected and who they chose to appoint this can result in
dramatic swings in the ideologies of the parole board. This may lead
to inconsistent decisions where two identical cases could receive
conflicting unanimous votes within any six year period. This
legislation will mitigate this possibility and provide more
consistency by the spreading the appointments over five principles.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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.

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