Senate Bill S9017

2019-2020 Legislative Session

Relates to the state board of parole membership, interviews with inmates, and determination of parole

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S9017 (ACTIVE) - Details

See Assembly Version of this Bill:
A11068
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §§259-b & 259-i, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3716, A5737
2023-2024: S1412, A5225

2019-S9017 (ACTIVE) - Summary

Allows for the removal of members of the state board of parole by a majority vote in the senate and the assembly, requires three or more members of such board personally interview potential parolees, and requires that the determination to parole an inmate be unanimous.

2019-S9017 (ACTIVE) - Sponsor Memo

2019-S9017 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9017
 
                             I N  S E N A T E
 
                            September 30, 2020
                                ___________
 
 Introduced  by  Sens.  ORTT,  AKSHAR, GALLIVAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to  the  state  board  of
   parole  membership,  interviews  with  inmates,  and  determination of
   parole
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision 6 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:
   6. Any member of the board may be removed by the governor  [for  cause
 after  an  opportunity  to be heard] OR BY A MAJORITY VOTE IN THE SENATE
 AND THE ASSEMBLY.
   § 2. 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]  MINIMUM  OF THREE OR MORE 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 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,  mandatory surcharge, sex offender registration fee and DNA data-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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