S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5407
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  GALLIVAN -- (at request of the Board of Parole) --
   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 updating terminology
   and correcting citations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (e)  of  subdivision 2 of section 259-i of the
 executive law, as added by chapter 55 of the laws of 1992, is amended to
 read as follows:
   (e) Notwithstanding the requirements of paragraph (a) of this subdivi-
 sion, the  determination  to  parole  an  inmate  who  has  successfully
 completed  the  shock  incarceration  program  pursuant to section [two]
 EIGHT hundred sixty-seven of the correction law may be  made  without  a
 personal  interview  of  the inmate and shall be made in accordance with
 procedures set forth in the rules of the board. If parole is not  grant-
 ed,  the  time  period  for  reconsideration  shall not exceed the court
 imposed minimum.
   § 2. Subdivision 7 of section 259-i of the executive law,  as  amended
 by chapter 703 of the laws of 1991, is amended to read as follows:
   7. Deaf person before the board. Whenever any deaf person participates
 in  an interview, parole release hearing, preliminary hearing or revoca-
 tion hearing, there shall be appointed a qualified  interpreter  who  is
 certified  by  a  recognized  national  or  New York state credentialing
 authority to interpret the proceedings to and the statements or testimo-
 ny of such deaf person. The [board] DEPARTMENT shall determine a reason-
 able fee for all such interpreting services, the cost of which shall  be
 a charge upon the [division of parole] DEPARTMENT.
   §  3.  The  section  heading and subdivision 3 of section 259-q of the
 executive law, the section heading as added by chapter 904 of  the  laws
 of  1977, and subdivision 3 as amended by section 38-k-1 of subpart A of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10112-01-7

 S. 5407                             2
 
 part C of chapter 62 of the  laws  of  2011,  are  amended  to  read  as
 follows:
   Civil actions against [division] BOARD personnel.
   3. The state shall save harmless and indemnify any officer or employee
 of  the board of parole or former division of parole from financial loss
 resulting from a claim filed in a court of the United States for damages
 arising out of an act done or the failure to perform any  act  that  was
 (a)  within  the  scope  of  the  employment and in the discharge of the
 duties of such officer or employee, and (b) not done or omitted with the
 intent to violate any rule or regulation of  the  DEPARTMENT,  BOARD  OR
 FORMER  division or of any statute or governing case law of the state or
 of the United States at the time the damages  were  sustained;  provided
 that  the officer or employee shall comply with the provisions of subdi-
 vision four of section seventeen of the public officers law.
   § 4. This act shall take effect immediately.