S T A T E O F N E W Y O R K
________________________________________________________________________
1740
2019-2020 Regular Sessions
I N S E N A T E
January 16, 2019
___________
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 TWENTY, 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05634-01-9
S. 1740 2
§ 259-BB. PAROLE BOARD NOMINATION COMMISSION. 1. NO LATER THAN APRIL
FIRST, TWO THOUSAND TWENTY, A PAROLE BOARD NOMINATION COMMISSION SHALL
BE ESTABLISHED.
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.