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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to correction
May 25, 2011 referred to correction

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A7939 - Details

See Senate Version of this Bill:
S5374
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L

A7939 - Summary

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

A7939 - 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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.