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.