senate Bill S3095A

2017-2018 Legislative Session

Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records

download bill text pdf

Sponsored By

Current Bill Status - In Senate Crime Victims, Crime And Correction Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 10, 2017 print number 3095a
Mar 10, 2017 amend and recommit to crime victims, crime and correction
Jan 19, 2017 referred to crime victims, crime and correction

Co-Sponsors

view additional co-sponsors

S3095 - Details

See Assembly Version of this Bill:
A4353
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1728, A2930
2013-2014: S1128, A4108
2011-2012: S5374, A7939

S3095 - Summary

Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records.

S3095 - Sponsor Memo

S3095 - Bill Text download pdf

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

                                  3095

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

Introduced   by  Sens.  PARKER,  BAILEY,  COMRIE,  KENNEDY,  MONTGOMERY,
  PERKINS, RIVERA, SANDERS, SERRANO -- 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 modifying  the  proce-
  dure  for  interviews  of  parole  applicants and to the disclosure of
  parole applicant records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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:
  (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
least [one month] THREE MONTHS prior to the date on which [an inmate]  A
PAROLE  APPLICANT  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] PAROLE APPLICANT
and determine whether he OR SHE should be paroled in accordance with the
[guidelines] PROCEDURES adopted pursuant to subdivision four of  section
two  hundred  fifty-nine-c  of  this article.   THE INTERVIEW SHALL TAKE
PLACE WITH ALL PARTIES PRESENT IN THE SAME ROOM. THE INTERVIEW SHALL  BE
RECORDED  AUDIO-VISUALLY  AND  THIS RECORDING SHALL BE MADE AVAILABLE TO
THE BOARD AND THE PAROLE APPLICANT OR THE PAROLE  APPLICANT'S  REPRESEN-
TATIVE  ONLY.  AT  LEAST  ONE  MONTH  PRIOR TO THE PAROLE HEARING PAROLE
APPLICANTS SHALL BE PROVIDED THE OPPORTUNITY  TO  REVIEW  ALL  DOCUMENTS
CONTAINED  IN THEIR PAROLE FILE OR THAT OTHERWISE WILL BE MADE AVAILABLE
FOR THE BOARD'S DISCRETIONARY RELEASE CONSIDERATION. NO DOCUMENTS  SHALL
BE  CONSIDERED  CONFIDENTIAL  EXCEPT  AS PROVIDED IN SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF THIS SUBDIVISION. RECORDS CONCERNING OR RELATING TO THE
MENTAL HEALTH EXAMINATION OR TREATMENT OF THE PAROLE APPLICANT SHALL  BE
DISCLOSED  UNLESS,  IN  ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06587-01-7

Co-Sponsors

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S3095A (ACTIVE) - Details

See Assembly Version of this Bill:
A4353
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1728, A2930
2013-2014: S1128, A4108
2011-2012: S5374, A7939

S3095A (ACTIVE) - Summary

Relates to the modification of the procedure for interviews of parole applicants and to the disclosure of parole applicant records.

S3095A (ACTIVE) - Sponsor Memo

S3095A (ACTIVE) - Bill Text download pdf

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

                                 3095--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

Introduced by Sens. PARKER, ALCANTARA, BAILEY, COMRIE, KENNEDY, MONTGOM-
  ERY,  RIVERA,  SANDERS, SERRANO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and   Correction   --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to modifying  the  proce-
  dure  for  interviews  of  parole  applicants and to the disclosure of
  parole applicant records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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:
  (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
least [one month] THREE MONTHS prior to the date on which [an inmate]  A
PAROLE  APPLICANT  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] PAROLE APPLICANT
and determine whether he OR SHE should be paroled in accordance with the
[guidelines] PROCEDURES adopted pursuant to subdivision four of  section
two  hundred  fifty-nine-c  of  this article.   THE INTERVIEW SHALL TAKE
PLACE WITH ALL PARTIES PRESENT IN THE SAME ROOM. THE INTERVIEW SHALL  BE
RECORDED  AUDIO-VISUALLY  AND  THIS RECORDING SHALL BE MADE AVAILABLE TO
THE BOARD AND THE PAROLE APPLICANT OR THE PAROLE  APPLICANT'S  REPRESEN-
TATIVE  ONLY.  AT  LEAST  ONE  MONTH  PRIOR TO THE PAROLE HEARING PAROLE
APPLICANTS SHALL BE PROVIDED THE OPPORTUNITY  TO  REVIEW  ALL  DOCUMENTS
CONTAINED  IN THEIR PAROLE FILE OR THAT OTHERWISE WILL BE MADE AVAILABLE
FOR THE BOARD'S DISCRETIONARY RELEASE CONSIDERATION. NO DOCUMENTS  SHALL
BE  CONSIDERED  CONFIDENTIAL  EXCEPT  AS PROVIDED IN SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF THIS SUBDIVISION. RECORDS CONCERNING OR RELATING TO THE
MENTAL HEALTH EXAMINATION OR TREATMENT OF THE PAROLE APPLICANT SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06587-03-7

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