Senate Bill S2486A

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

    S. 2486--A                                            A. 2774--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 17, 2013
                               ___________

IN  SENATE  --  Introduced  by Sens. LAVALLE, BALL, DeFRANCISCO, LARKIN,
  MAZIARZ, O'MARA, SEWARD, YOUNG -- read twice and ordered printed,  and
  when  printed to be committed to the Committee on Crime Victims, Crime
  and Correction -- recommitted to the Committee on Crime Victims, Crime
  and Correction in accordance with Senate Rule 6, sec. 8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, LAVINE, McDONOUGH, PALMES-
  ANO, MAGNARELLI, STIRPE -- Multi-Sponsored by -- M. of A. GIGLIO, RAIA
  --  read  once  and  referred  to  the Committee on Social Services --
  reference changed to the Committee on Correction -- recommitted to the
  Committee on Correction in accordance with Assembly Rule 3, sec. 2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the executive law, in relation  to  the  time  in  which
  reconsideration for parole shall be determined

  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 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:
  (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. If parole is not
granted upon such review, the inmate shall be informed in writing within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01705-02-4
              

S. 2486--A                          2                         A. 2774--A

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  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall be the same, PROVIDED  HOWEVER  THAT
IN  THE  CASE  OF  AN INMATE SENTENCED FOR A VIOLENT FELONY OFFENSE, THE
BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
NATION FOR RECONSIDERATION, AND  THE  PROCEDURES  TO  BE  FOLLOWED  UPON
RECONSIDERATION  SHALL  BE  THE SAME. FOR THE PURPOSES OF THIS SECTION A
"VIOLENT FELONY OFFENSE" SHALL MEAN  A  CONVICTION  FOR  AN  OFFENSE  AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
TWO  HUNDRED  TWENTY OF THE PENAL LAW.  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  registra-
tion fee and DNA databank fee previously imposed by a court of competent
jurisdiction  that applies to the parolee. The conditions 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  regis-
tration  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 traf-
fic law.
  S 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, 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 procedures adopted pursuant to subdivi-
sion four of section two hundred fifty-nine-c. 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  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall be the same, PROVIDED  HOWEVER  THAT
IN  THE  CASE  OF  AN INMATE SENTENCED FOR A VIOLENT FELONY OFFENSE, THE
BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
NATION FOR RECONSIDERATION, AND  THE  PROCEDURES  TO  BE  FOLLOWED  UPON
RECONSIDERATION  SHALL  BE  THE SAME. FOR THE PURPOSES OF THIS SECTION A
"VIOLENT FELONY OFFENSE" SHALL MEAN  A  CONVICTION  FOR  AN  OFFENSE  AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
TWO  HUNDRED  TWENTY OF THE PENAL LAW.  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
conditions  shall  indicate  which  restitution collection agency estab-
lished under subdivision eight of section 420.10 of the criminal  proce-
dure  law, shall be responsible for collection of restitution and manda-

S. 2486--A                          3                         A. 2774--A

tory 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 subparagraph (i) of paragraph (a) of subdivision 2  of  section
259-i  of  the  executive  law  made by section one of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
subdivision  d  of  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.