S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5737
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. BARCLAY, J. M. GIGLIO, GOODELL, PALMESANO, WALSH,
   SALKA,  M. MILLER,  MANKTELOW,  REILLY,  FRIEND,  DiPIETRO, DeSTEFANO,
   BRABENEC, MORINELLO, NORRIS, RA,  TAGUE,  HAWLEY,  McDONOUGH,  BYRNES,
   MONTESANO,  MIKULIN,  SCHMITT,  BLANKENBUSH, LALOR, GALLAHAN, SIMPSON,
   LEMONDES, LAWLER, BYRNE, FITZPATRICK, B. MILLER -- Multi-Sponsored  by
   --  M.  of  A.    BROWN  -- read once and referred to the Committee on
   Correction
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03008-01-1

 A. 5737                             2
 
 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-
 bank  fee  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, 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.
   § 3. 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]
 MINIMUM OF THREE OR MORE members as determined by the rules of the board
 shall personally interview 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 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
 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  appropri-
 ate,  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.
   § 4. 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 two of this act shall be subject to the expira-
 tion and reversion of  such  paragraph  pursuant  to  subdivision  d  of
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section three of this act shall take effect.