S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1908
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Correction
 
 AN ACT to amend the executive law, in  relation  to  appeals  of  parole
   determination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (a) and (b) of subdivision 4 of section 259-i of
 the executive law, paragraph (a) as amended by section 11 of part  E  of
 chapter 62 of the laws of 2003 and paragraph (b) as added by chapter 904
 of the laws of 1977, are amended to read as follows:
   (a)  Except  for  determinations  made  upon preliminary hearings upon
 allegations of violation of  presumptive  release,  parole,  conditional
 release or post-release supervision, all determinations made pursuant to
 this section may be appealed in accordance with rules promulgated by the
 board  EXCEPT  THAT A DECISION BY THE BOARD DENYING PAROLE RELEASE SHALL
 BE A FINAL DECISION FOR THE PURPOSES OF  ARTICLE  SEVENTY-EIGHT  OF  THE
 CIVIL PRACTICE LAWS AND RULES.  Any board member who participated in the
 decision  from  which  the  appeal  is  taken may not participate in the
 resolution of that appeal. The rules of the board  may  specify  a  time
 within which any appeal shall be taken and resolved.
   (b)  Upon  an appeal [to the] FROM A board DECISION, the inmate may be
 represented by an attorney. Where the inmate is  financially  unable  to
 provide  for  his own OR HER attorney, upon request an attorney shall be
 assigned pursuant to the provisions of subparagraph (v) of paragraph (f)
 of subdivision three of this section.
   § 2. Subdivision 5 of section 259-i of the executive law,  as  amended
 by chapter 166 of the laws of 1991, is amended to read as follows:
   5. Actions of the board. Any action by the board or by a hearing offi-
 cer  pursuant  to  this  article shall be deemed a judicial function and
 shall not be reviewable if done in accordance with law EXCEPT THAT  UPON
 AN  APPROPRIATE  PETITION  THE  COURT MAY CONSIDER A RELEASE DECISION DE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05027-01-7

 A. 1908                             2
 
 NOVO. THE COURT MAY IN ITS OWN DISCRETION REQUIRE AN APPEARANCE  BY  THE
 PETITIONER.  THE  COURT MAY AFFIRM THE DECISION OF THE BOARD, MODIFY THE
 DECISION, ORDER A DE NOVO INTERVIEW FOR RECONSIDERATION BY THE BOARD  OR
 PROVIDE A RELEASE DATE FOR THE PETITIONER.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 6 of section
 259-i of the executive law, as amended by chapter 363  of  the  laws  of
 2012, is amended to read as follows:
   (i)  The  board  shall  provide for the making of a verbatim record of
 each parole release interview WITHIN  THIRTY  DAYS  OF  SUCH  INTERVIEW,
 except  where  a decision is made to release the inmate to parole super-
 vision, and each preliminary and final revocation hearing,  except  when
 the  decision  of  the presiding officer after such hearings result in a
 dismissal of all charged violations of parole,  conditional  release  or
 post  release supervision. AN AUDIO RECORDING SHALL ALSO BE MADE OF EACH
 PAROLE RELEASE INTERVIEW IN ITS ENTIRETY. ALL DOCUMENTS SUBMITTED TO THE
 BOARD SHALL BE INCLUDED IN THE HEARING RECORD FOR PURPOSES OF APPEAL.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.