S T A T E O F N E W Y O R K
________________________________________________________________________
905
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to requiring the state
board of parole to reflect the composition of the prison population in
race, age and geographic area of residence
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]
THAT 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
specified in this article, provided, however, that administrative
matters of general applicability within the department shall be applica-
ble to the board. Such board shall consist of not more than nineteen
members AND NOT LESS THAN FIFTEEN MEMBERS appointed by the governor with
the advice and consent of the senate. IN MAKING APPOINTMENTS TO THE
BOARD, THE GOVERNOR SHALL ENSURE THAT THE MEMBERSHIP SHALL ADEQUATELY
REFLECT THE COMPOSITION OF THE PRISON POPULATION IN RACE AND ETHNICITY,
AGE, AND GEOGRAPHIC AREA OF RESIDENCE. THE PERCENTAGE OF EACH DEMOGRAPH-
IC CHARACTERISTIC OF THE MEMBERS SHALL BE DIRECTLY PROPORTIONATE TO THAT
OF THE PRISON POPULATION. 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, IN THE MANNER SPECIFIED ABOVE, for the remainder of the
unexpired term of the member whom he OR SHE is to succeed. In the event
of the inability to act of any member, the governor may appoint some
competent informed person to act in his OR HER stead during the contin-
uance of such disability.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03436-01-9
A. 905 2
§ 2. The state board of parole as constituted on the effective date of
this section is hereby abolished as of January 1, 2020. Members of the
state board of parole as constituted pursuant to the provisions of
subdivision 1 of section 259-b of the executive law, as amended by
section one of this act, shall be appointed by the appropriate state
official prior to January 1, 2020, so that such board may be fully oper-
ative on and after such date.
§ 3. This act shall take effect immediately.