assembly Bill A3900

2019-2020 Legislative Session

Relates to the right to counsel at parole hearings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to ways and means
Mar 26, 2019 reported referred to ways and means
Jan 31, 2019 referred to correction

Co-Sponsors

A3900 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A8253

A3900 (ACTIVE) - Summary

Relates to the right to counsel at parole hearings.

A3900 (ACTIVE) - Bill Text download pdf


                    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.