senate Bill S2581

2013-2014 Legislative Session

Extends, from 2 years to 4 years, the time between parole eligibility for certain inmates

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Jan 22, 2013 referred to crime victims, crime and correction

S2581 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-i, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S5302

S2581 - Bill Texts

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Extends, from 2 years to 4 years, the time between parole eligibility for certain inmates.

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BILL NUMBER:S2581

TITLE OF BILL:
An act
to amend the executive law, in relation to extending the period of time
between parole eligibility for certain inmates

PURPOSE:
To extend the period of time between parole eligibility for certain
inmates.

SUMMARY OF PROVISIONS:

Section 1. Section 295-i of the executive law is amended to add a new
subparagraph (iii) to read as follows: (iii) In the case of any
inmate who is incarcerated for any offense defined in title H of the
penal law where a police officer, as such term is defined in section
eight hundred thirty-five of this chapter, or a correction officer,
as such term is used in the correction law, is the victim of such
offense, at least one month prior to the date on which such 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 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 forty-eight months from such
determination for reconsideration, and the procedures to be followed
upon reconsideration shall be the same. If
such 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 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.

LEGISLATIVE HISTORY:
6/2/11 Reported and Committed to Finance 5/15/12 Reported and
Committed to Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.


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

                                  2581

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 extending the period
  of time between parole eligibility for certain inmates

  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 and a
new subparagraph (iii) is added to read as follows:
  (i) Except as provided in [subparagraph] SUBPARAGRAPHS (ii) AND  (III)
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  twen-
ty-four  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, mandatory surcharge,
sex offender 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 estab-
lished under subdivision eight of section 420.10 of the criminal  proce-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07278-01-3

S. 2581                             2

dure  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.
  (III)  IN  THE  CASE OF ANY INMATE WHO IS INCARCERATED FOR ANY OFFENSE
DEFINED IN TITLE H OF THE PENAL LAW WHERE A POLICE OFFICER, AS SUCH TERM
IS DEFINED IN SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS  CHAPTER,  OR  A
CORRECTION  OFFICER,  AS SUCH TERM IS USED IN THE CORRECTION LAW, IS THE
VICTIM OF SUCH OFFENSE, AT LEAST ONE MONTH PRIOR TO THE  DATE  ON  WHICH
SUCH  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 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 FORTY-EIGHT MONTHS FROM SUCH DETERMINATION FOR RECONSIDERATION, AND
THE PROCEDURES TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. IF
SUCH INMATE IS RELEASED, HE OR SHE SHALL BE GIVEN A COPY OF  THE  CONDI-
TIONS  OF  PAROLE.  SUCH  CONDITIONS SHALL, WHERE APPROPRIATE, INCLUDE A
REQUIREMENT THAT THE PAROLEE COMPLY WITH ANY RESTITUTION ORDER, MANDATO-
RY SURCHARGE, SEX OFFENDER REGISTRATION FEE AND DNA DATABANK FEE  PREVI-
OUSLY  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  RESTITU-
TION,  MANDATORY SURCHARGE, SEX OFFENDER REGISTRATION FEES AND DNA DATA-
BANK 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]  (I)  EXCEPT  AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, 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 months from such determi-
nation 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  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 and mandatory surcharge  as

S. 2581                             3

provided  for  in  section  60.35  of the penal law and section eighteen
hundred nine of the vehicle and traffic law.
  (II)  IN  THE  CASE  OF ANY INMATE WHO IS INCARCERATED FOR ANY OFFENSE
DEFINED IN TITLE H OF THE PENAL LAW WHERE A POLICE OFFICER, AS SUCH TERM
IS DEFINED IN SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS  CHAPTER,  OR  A
CORRECTION  OFFICER,  AS SUCH TERM IS USED IN THE CORRECTION LAW, IS THE
VICTIM OF SUCH OFFENSE, AT LEAST ONE MONTH PRIOR TO THE  DATE  ON  WHICH
SUCH  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 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 FORTY-EIGHT MONTHS FROM SUCH DETERMINATION FOR RECONSIDERATION, AND
THE PROCEDURES TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. IF
SUCH INMATE IS RELEASED, HE OR SHE SHALL BE GIVEN A COPY OF  THE  CONDI-
TIONS  OF  PAROLE.  SUCH  CONDITIONS SHALL, WHERE APPROPRIATE, INCLUDE A
REQUIREMENT THAT THE PAROLEE COMPLY WITH ANY RESTITUTION ORDER, MANDATO-
RY SURCHARGE, SEX OFFENDER REGISTRATION FEE AND DNA DATABANK FEE  PREVI-
OUSLY  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  RESTITU-
TION,  MANDATORY SURCHARGE, SEX OFFENDER REGISTRATION FEES AND DNA DATA-
BANK FEES 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 on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the amendments to 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 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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