S T A T E O F N E W Y O R K
________________________________________________________________________
3900
2019-2020 Regular Sessions
I N A S S E M B L Y
January 31, 2019
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to the right to counsel
at parole hearings
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-f1 of
subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
(i) Except as provided in subparagraph (ii) 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. SUCH INMATE MAY BE
REPRESENTED BY AN ATTORNEY AT SUCH INTERVIEW. WHERE THE INMATE IS FINAN-
CIALLY UNABLE TO PROVIDE FOR HIS OWN ATTORNEY, UPON REQUEST AN ATTORNEY
SHALL BE ASSIGNED PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (V) OF
PARAGRAPH (F) OF SUBDIVISION THREE OF THIS SECTION. 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 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 paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a court of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08561-01-9
A. 3900 2
competent jurisdiction that applies to the parolee. The conditions shall
indicate which restitution collection agency established under subdivi-
sion 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.
§ 2. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f2 of subpart A of part C of chapter 62 of
the laws of 2011, is amended to read as follows:
(a) 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 OF THIS ARTICLE. SUCH INMATE MAY BE
REPRESENTED BY AN ATTORNEY AT SUCH INTERVIEW. WHERE THE INMATE IS
FINANCIALLY UNABLE TO PROVIDE FOR HIS OWN ATTORNEY, UPON REQUEST AN
ATTORNEY SHALL BE ASSIGNED PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH
(V) OF PARAGRAPH (F) OF SUBDIVISION THREE OF THIS SECTION. 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 determination for reconsideration, and the proce-
dures 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 provided for in section 60.35 of
the penal law and section eighteen hundred nine of the vehicle and traf-
fic law.
§ 3. This act shall take effect one year after it shall have become a
law; provided that the amendments to paragraph (a) of subdivision two 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
subdivision d of 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.