Senate Bill S5320

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5320
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- 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  requiring  unanimous
   agreement by the parole board to release an inmate on parole

   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-f-1 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 OR SHE should be paroled
 in accordance with the guidelines adopted pursuant to  subdivision  four
 of  section two hundred fifty-nine-c of this article. SUCH DETERMINATION
 TO PAROLE SUCH INMATE SHALL BE UNANIMOUS BY AGREEMENT OF THE  BOARD.  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 twen-
 ty-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 OR SHE 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, mandatory surcharge,
 sex offender registration fee and DNA databank fee previously imposed by
 a court of competent jurisdiction  that  applies  to  the  parolee.  The
 conditions  shall  indicate  which  restitution collection agency estab-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11325-01-9

 S. 5320                             2
 
 lished under subdivision eight of section 420.10 of the criminal  proce-
 dure  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-f-2 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 OR SHE should be paroled at the expiration of the minimum  period  or
 periods  in  accordance with the procedures adopted pursuant to subdivi-
 sion four of section two hundred fifty-nine-c OF  THIS  ARTICLE.    SUCH
 DETERMINATION  TO  PAROLE SUCH INMATE SHALL BE UNANIMOUS BY AGREEMENT OF
 THE BOARD. 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 recon-
 sideration, and the procedures to be followed upon reconsideration shall
 be the same. If the inmate is released, he OR SHE 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 traffic law.
   §  3. This act shall take effect immediately, provided that the amend-
 ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
 tive law made by section one of this act shall be subject to the expira-
 tion and reversion of such paragraph pursuant to 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.