Assembly Bill A7939

2011-2012 Legislative Session

Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A7939 (ACTIVE) - Details

See Senate Version of this Bill:
S5374
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4108, S1128
2015-2016: A2930, S1728
2017-2018: A4353, S3095
2019-2020: A4273, S3257
2021-2022: A2025, S3029
2023-2024: A869, S4688

2011-A7939 (ACTIVE) - Summary

Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records.

2011-A7939 (ACTIVE) - Bill Text download pdf

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

                                  7939

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on 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
MENTAL  HEALTH  PRACTITIONER  THAT  SUCH  DISCLOSURE  CAN  REASONABLY BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11519-01-1
              

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