senate Bill S5374

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 Senate Crime Victims, Crime And Correction Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to crime victims, crime and correction
May 13, 2011 referred to crime victims, crime and correction

Co-Sponsors

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S5374 - Details

See Assembly Version of this Bill:
A7939
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L

S5374 - Summary

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

S5374 - Sponsor Memo

S5374 - Bill Text download pdf

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

                                  5374

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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 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

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

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