Assembly Bill A8447A

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

                                 8447--A

                          I N  A S S E M B L Y

                            January 15, 2014
                               ___________

Introduced  by  M. of A. SEPULVEDA, ROZIC, ROSA, MOSLEY, RIVERA, TITONE,
  GOTTFRIED, STECK, CRESPO, O'DONNELL, MOYA -- Multi-Sponsored by --  M.
  of  A.  ARROYO,  BROOK-KRASNY, JACOBS -- read once and referred to the
  Committee on Correction -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to  translation  services
  for inmates appearing before the parole board

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

  Section 1. Section 259-e of the executive law, as amended  by  section
38-c  of  subpart  A  of  part  C  of chapter 62 of the laws of 2011, is
amended to read as follows:
  S 259-e. Institutional parole services. The department  shall  provide
institutional  parole  services. Such services shall include preparation
of reports and other data required by the state board of parole  in  the
exercise  of  its  functions  with  respect  to  release  on presumptive
release, parole, conditional  release  or  post-release  supervision  of
inmates.  ADDITIONALLY, THE DEPARTMENT SHALL DETERMINE WHICH INMATES ARE
IN NEED OF A DEAF LANGUAGE INTERPRETER OR AN ENGLISH LANGUAGE INTERPRET-
ER,  AND  SHALL INFORM THE BOARD OF SUCH NEED WITHIN A REASONABLE PERIOD
OF TIME PRIOR TO AN INMATE'S  SCHEDULED  APPEARANCE  BEFORE  THE  BOARD.
Employees  of  the  department  who  collect data, interview inmates and
prepare reports for the state board of parole in institutions under  the
jurisdiction  of  the department shall work under the direct supervision
of the deputy commissioner  of  the  department  in  charge  of  program
services.  Data  and  reports  submitted  to the board shall address the
statutory factors to be considered by the board pursuant to the relevant
provisions of section two hundred fifty-nine-i of this article.
  S 2. Section 259-i of the executive law is amended  by  adding  a  new
subdivision 8 to read as follows:
  8. FOREIGN BORN OR NON-ENGLISH SPEAKING PERSON BEFORE THE BOARD.  UPON
NOTIFICATION  FROM THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED FIFTY-
NINE-E OF THIS ARTICLE, OR UPON THE REQUEST OF ANY FOREIGN BORN OR  NON-
ENGLISH SPEAKING PERSON WHO IS SCHEDULED TO PARTICIPATE IN AN INTERVIEW,

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

                                                           LBD13476-03-4

A. 8447--A                          2

PAROLE RELEASE HEARING, PRELIMINARY HEARING OR REVOCATION HEARING, THERE
SHALL  BE APPOINTED A QUALIFIED INTERPRETER WHO IS CERTIFIED BY A RECOG-
NIZED NATIONAL OR NEW YORK STATE CREDENTIALING  AUTHORITY  TO  INTERPRET
THE  PROCEEDINGS  TO AND THE STATEMENTS OR TESTIMONY OF SUCH PERSON. THE
BOARD SHALL  DETERMINE  A  REASONABLE  FEE  FOR  ALL  SUCH  INTERPRETING
SERVICES,  THE COST OF WHICH SHALL BE A CHARGE UPON THE BOARD OF PAROLE.
NO SUCH REQUEST OR APPOINTMENT SHALL  CAUSE  A  DELAY  OF  RELEASE  FROM
INCARCERATION OF SUCH PERSON.
  S  3.  This  act  shall  take effect on the one hundredth day after it
shall have become a law.