The New York State Senate

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

                                  8681

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced by Sen. SEPULVEDA -- 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 the establishment of a
  parole board nomination commission

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

  Section  1.  Subdivision  1  of section 259-b of the executive law, as
amended by section 38-a of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  1. There shall be in the department a  state  board  of  parole  which
shall  possess  the  powers  and duties hereinafter specified. The board
shall function independently of the  department  regarding  all  of  its
decision-making functions, as well as any other powers and duties speci-
fied  in this article, provided, however, that administrative matters of
general applicability within the department shall be applicable  to  the
board.  Such  board  shall  consist  of  not  more than nineteen members
appointed by the governor with the [advice and] consent of  the  senate,
AND  AFTER  APRIL  FIRST,  TWO THOUSAND NINETEEN, WITH THE ADVICE OF THE
PAROLE BOARD NOMINATION COMMISSION ESTABLISHED IN  SECTION  TWO  HUNDRED
FIFTY-NINE-BB OF THIS ARTICLE. The term of office of each member of such
board  shall be for six years; provided, however, that any member chosen
to fill a vacancy occurring otherwise than by expiration of  term  shall
be appointed WITHIN FORTY-FIVE DAYS OF SUCH VACANCY for the remainder of
the  unexpired term of the member whom he is to succeed. In the event of
the inability to act of any member, the governor may appoint some compe-
tent informed person to act in his stead during the continuance of  such
disability.
  §  2.  The  executive law is amended by adding a new section 259-bb to
read as follows:
  § 259-BB. PAROLE BOARD NOMINATION COMMISSION. 1. NO LATER  THAN  APRIL
FIRST, TWO THOUSAND NINETEEN, A PAROLE BOARD NOMINATION COMMISSION SHALL
BE ESTABLISHED.

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

                                                           LBD09884-03-8

S. 8681                             2

  2.  SUCH  BOARD SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED IN THE
FOLLOWING MANNER:
  (A)  FIVE  SHALL  BE  APPOINTED BY THE GOVERNOR, TWO OF WHICH SHALL BE
INDIVIDUALS WITH A CAREER IN JUDICIAL REFORM AND SOCIAL JUSTICE;
  (B) TWO SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY,  ONE  OF
WHICH SHALL BE AN INDIVIDUAL WITH A CAREER IN JUDICIAL REFORM AND SOCIAL
JUSTICE;
  (C)  TWO  SHALL BE APPOINTED BY THE MAJORITY LEADER OF THE SENATE, ONE
OF WHICH SHALL BE AN INDIVIDUAL WITH A CAREER  IN  JUDICIAL  REFORM  AND
SOCIAL JUSTICE;
  (D) ONE SHALL BE APPOINTED BY THE MINORITY LEADER IN THE ASSEMBLY; AND
  (E) ONE SHALL BE APPOINTED BY THE MINORITY LEADER IN THE SENATE.
  3.  THE  BOARD  SHALL  CONDUCT  SEARCHES  AND SCREENINGS FOR POTENTIAL
CANDIDATES TO FILL OPEN SEATS ON THE STATE BOARD OF PAROLE. SUCH COMMIS-
SION SHALL PROVIDE THE GOVERNOR WITH NO LESS THAN THREE AND NO MORE THAN
SEVEN CANDIDATE RECOMMENDATIONS TO FILL EACH VACANCY ON THE BOARD.
  4. IF THE SENATE IS NOT IN SESSION AT THE TIME A BOARD NOMINEE  IS  TO
BE  CONFIRMED, THE GOVERNOR IS GIVEN FULL AUTHORITY TO NAME A NOMINEE OF
THE COMMISSION AS A TEMPORARY BOARD MEMBER UNTIL THE  SENATE  RECONVENES
AND CONFIRMS SUCH ACTING BOARD MEMBER.
  § 3. This act shall take effect immediately.