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Assembly Bill A8815

2021-2022 Legislative Session

Relates to the governor authority with respect to a parole board

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Archive: Last Bill Status - In Assembly Committee

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2021-A8815 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L

2021-A8815 (ACTIVE) - Summary

Provides that no decision of the board with respect to the granting of parole to a person sentenced to an indeterminate term upon conviction of a class A felony shall become effective for a period of thirty days, during which the governor may review the decision; authorizes the governor to only affirm, modify, or reverse the decision of the parole board on the basis of the same factors which the board is required to consider.

2021-A8815 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8815
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Correction
 
 AN  ACT to amend the executive law, in relation to granting the governor
   the authority to override a parole board's decision to grant parole
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5  of section 259-i of the executive law, as
 amended by chapter 166 of the laws of 1991, is amended and a new  subdi-
 vision 5-a is added to read as follows:
   5. Actions of the board. Any action by the board or by a hearing offi-
 cer  pursuant  to  this  article shall be deemed a judicial function and
 shall not be reviewable if  done  in  accordance  with  law,  EXCEPT  AS
 PROVIDED IN SUBDIVISION FIVE-A OF THIS SECTION.
   5-A.  NO  DECISION OF THE BOARD WITH RESPECT TO THE GRANTING OF PAROLE
 TO A PERSON SENTENCED TO AN INDETERMINATE  TERM  UPON  CONVICTION  OF  A
 CLASS  A  FELONY  SHALL  BECOME  EFFECTIVE  FOR A PERIOD OF THIRTY DAYS,
 DURING WHICH THE GOVERNOR MAY REVIEW THE DECISION.    THE  GOVERNOR  MAY
 ONLY  AFFIRM, MODIFY, OR REVERSE THE DECISION OF THE PAROLE BOARD ON THE
 BASIS OF THE SAME FACTORS WHICH THE BOARD IS REQUIRED TO  CONSIDER.  THE
 GOVERNOR  SHALL REPORT TO THE LEGISLATURE EACH PAROLE DECISION AFFIRMED,
 MODIFIED, OR REVERSED, STATING THE PERTINENT FACTS AND REASONS  FOR  THE
 ACTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13357-01-1

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