senate Bill S2486A

2013-2014 Legislative Session

Increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to correction
delivered to assembly
passed senate
ordered to third reading cal.1287
committee discharged and committed to rules
Jun 03, 2014 reported and committed to finance
Apr 02, 2014 print number 2486a
amend and recommit to crime victims, crime and correction
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
May 23, 2013 referred to correction
delivered to assembly
passed senate
May 08, 2013 advanced to third reading
May 07, 2013 2nd report cal.
May 06, 2013 1st report cal.555
Mar 13, 2013 reported and committed to finance
Jan 17, 2013 referred to crime victims, crime and correction

Votes

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Jun 11, 2014 - Rules committee Vote

S2486A
19
2
committee
19
Aye
2
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Jun 3, 2014 - Crime Victims, Crime and Correction committee Vote

S2486A
8
3
committee
8
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jun 3, 2014

aye wr (2)

May 6, 2013 - Finance committee Vote

S2486
21
6
committee
21
Aye
6
Nay
5
Aye with Reservations
1
Absent
3
Excused
0
Abstained
show committee vote details

Mar 13, 2013 - Crime Victims, Crime and Correction committee Vote

S2486
7
3
committee
7
Aye
3
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2486 - Bill Details

See Assembly Version of this Bill:
A2774A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1861A, A2081A
2009-2010: S425, A1188

S2486 - Bill Texts

view summary

Increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined.

view sponsor memo
BILL NUMBER:S2486

TITLE OF BILL: An act to amend the executive law, in relation to the
time in which reconsideration for parole shall be determined

PURPOSE: This bill would extend the number of months from twenty-four
to sixty as the time within which the parole board must set for
reconsideration of a denied application for parole.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 259-i (2) (a) (i) of the
executive law by providing that should parole be denied, the board
shall specify a date not more than sixty months from such
determination for reconsideration. This section of law is subject to
expiration and reversion pursuant to § 74 (d) of Chapter 3 of the Laws
of 1995, and the proposed amendment is set to also be subject to such
expiration and reversion.

Section 2 of the bill makes similar changes to Section 259-i (2) (a)
of the executive law which are scheduled to take effect when the
provisions above expire.

JUSTIFICATION: Currently when parole is denied, the board has the
discretion to set the date for reconsideration for parole for any date
within two years of the denial of parole. In many cases, especially
those involving heinous acts of violence against another, parole will
be denied numerous times. However, each time an inmate is considered
for parole, the victim and his/her family is required to relive the
honor of the crime for the sake of impressing upon the Parole Board
the inappropriateness of early release. In these cases, when the board
is confident that their opinion regarding parole release will not be
changed by anything that can transpire within the next five years, the
board should have the discretion to set the date for reconsideration
of its denial of parole for any date within those five years. This
would still allow for an earlier reconsideration if warranted, yet
also give the victim and his/her family a greater period of time of
peace before the next parole consideration.

LEGISLATIVE HISTORY: 2011-12 S.1861A; 2009-10 S.425.

FISCAL IMPLICATIONS: This bill could result in some savings to the
State by not requiring parole considerations that are unnecessary.

EFFECTIVE DATE: This act shall take effect immediately; provided that
the amendments 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.

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

    S. 2486                                                  A. 2774

                       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 Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to  the Committee on Crime
  Victims, Crime and Correction

IN ASSEMBLY -- Introduced by M. of A. THIELE, LAVINE, McDONOUGH, PALMES-
  ANO -- Multi-Sponsored by -- M. of A.  RAIA -- read once and  referred
  to the Committee on Social Services

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  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
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] SIXTY
months from such determination for reconsideration, and  the  procedures
to  be followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the  conditions  of  parole.  Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01705-01-3

S. 2486                             2                            A. 2774

registration  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  subdivi-
sion  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 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  should be paroled at the expiration of the minimum period or periods
in accordance with the procedures adopted pursuant to  subdivision  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] SIXTY months from  such
determination  for  reconsideration,  and  the procedures to be followed
upon reconsideration shall be the same. If the inmate  is  released,  he
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 condi-
tions 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  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 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.

Co-Sponsors

view additional co-sponsors

S2486A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2774A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1861A, A2081A
2009-2010: S425, A1188

S2486A (ACTIVE) - Bill Texts

view summary

Increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined.

view full text
download pdf
                    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.

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