S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3716
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03008-01-1

 S. 3716                             2
 
 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.