Assembly Actions -
Senate Actions - UPPERCASE
|Jan 11, 2023||
referred to correction
Assembly Bill A869
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-A869 (ACTIVE) - Details
2023-A869 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 869 2023-2024 Regular Sessions I N A S S E M B L Y January 11, 2023 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to modifying the proce- dure for interviews of parole applicants and to the disclosure of parole applicant records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by chapter 322 of the laws of 2021, subpara- graph (i) as amended by section 14 of chapter 486 of the laws of 2022, is amended to read as follows: (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least [one month] THREE MONTHS prior to the date on which an [incarcer- ated individual] A PAROLE APPLICANT may be paroled pursuant to subdivi- sion one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such [incarcerated individual] PAROLE APPLICANT and determine whether he or she should be paroled in accordance with the [guidelines] PROCEDURES adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. THE INTERVIEW SHALL TAKE PLACE WITH ALL PARTIES PRES- ENT IN THE SAME ROOM. THE INTERVIEW SHALL BE RECORDED AUDIO-VISUALLY AND THIS RECORDING SHALL BE MADE AVAILABLE TO THE BOARD AND THE PAROLE APPLICANT OR THE PAROLE APPLICANT'S REPRESENTATIVE ONLY. AT LEAST ONE MONTH PRIOR TO THE PAROLE HEARING PAROLE APPLICANTS SHALL BE PROVIDED THE OPPORTUNITY TO REVIEW ALL DOCUMENTS CONTAINED IN THEIR PAROLE FILE OR THAT OTHERWISE WILL BE MADE AVAILABLE FOR THE BOARD'S DISCRETIONARY RELEASE CONSIDERATION. NO DOCUMENTS SHALL BE CONSIDERED CONFIDENTIAL EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) OF PARAGRAPH (C) OF THIS SUBDIVI- SION. RECORDS CONCERNING OR RELATING TO THE MENTAL HEALTH EXAMINATION OR TREATMENT OF THE PAROLE APPLICANT SHALL BE DISCLOSED UNLESS, IN ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET FORTH IN SECTION 33.16 OF THE MENTAL HYGIENE LAW, IT IS DETERMINED BY A MENTAL HEALTH PRACTI- TIONER THAT SUCH DISCLOSURE CAN REASONABLY BE EXPECTED TO CAUSE SUBSTAN- TIAL AND IDENTIFIABLE HARM TO THE PAROLE APPLICANT OR OTHERS AND THAT
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