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.