Senate Bill S1993

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

                                  1993

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  BONACIC,  DeFRANCISCO,  LAVALLE, LITTLE,
  MAZIARZ, RANZENHOFER, SALAND -- 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  requiring  unanimous
  agreement by the parole board to release an inmate on parole

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  2  of
section  259-i of the executive law, as separately amended by section 11
of part E and section 9 of part F of chapter 62 of the laws of 2003,  is
amended to read as follows:
  (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
least one month prior to the date on which  an  inmate  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 and determine whether he OR SHE should be paroled
in accordance with the guidelines adopted pursuant to  subdivision  four
of section two hundred fifty-nine-c of this article.  SUCH DETERMINATION
TO  PAROLE  SUCH INMATE SHALL BE BY UNANIMOUS AGREEMENT OF THE BOARD. If
parole is not granted upon such review, the inmate shall be informed  in
writing  within  two weeks of such appearance of the factors and reasons
for such denial of parole. Such reasons shall be given in detail and not
in conclusory terms. The board shall specify a date not more than  twen-
ty-four  months  from  such  determination  for reconsideration, and the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole. Such conditions shall where appropriate, include  a  requirement
that the parolee comply with any restitution order, mandatory surcharge,
sex offender registration fee and DNA databank fee previously imposed by
a court of competent jurisdiction that applies to the parolee. The board

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04281-01-1
              

S. 1993                             2

of parole shall indicate which restitution collection agency established
under subdivision eight of section 420.10 of the criminal procedure law,
shall be responsible for collection of restitution, mandatory surcharge,
sex  offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of  the
vehicle and traffic law.
  S  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by chapter 396 of the laws of 1987, is amended  to  read
as follows:
  (a)  At  least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court  or  board,  a  member  or
members  as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and  determine  whether
he  OR  SHE should be paroled at the expiration of the minimum period or
periods in accordance with the guidelines adopted pursuant  to  subdivi-
sion  four  of  section two hundred fifty-nine-c.  SUCH DETERMINATION TO
PAROLE SUCH INMATE SHALL BE BY UNANIMOUS  AGREEMENT  OF  THE  BOARD.  If
parole  is not granted upon such review, the inmate shall be informed in
writing within two weeks of such appearance of the factors  and  reasons
for such denial of parole. Such reasons shall be given in detail and not
in  conclusory terms. The board shall specify a date not more than twen-
ty-four months from such  determination  for  reconsideration,  and  the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole.  Such  conditions shall where appropriate, include a requirement
that the  parolee  comply  with  any  restitution  order  and  mandatory
surcharge  previously  imposed by a court of competent jurisdiction that
applies to the parolee. The board of parole shall indicate which  resti-
tution  collection agency established under subdivision eight of section
420.10  of  the  criminal  procedure  law,  shall  be  responsible   for
collection  of  restitution  and  mandatory surcharge as provided for in
section 60.35 of the penal law and section eighteen hundred nine of  the
vehicle and traffic law.
  S  3. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
tive law made by section one of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 74 of chapter 3
of  the  laws of 1995, as amended, when upon such date the provisions of
section two of this act shall take effect.