NY State Senate Bill 2023-S1412

Senate Bill S1412

2023-2024 Legislative Session

Relates to the state board of parole membership, interviews with incarcerated individuals, and determination of parole

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Jan 11, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S1412 (ACTIVE) - Details

See Assembly Version of this Bill:: A5225
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§259-b & 259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9017, A11068
2021-2022: S3716, A5737

2023-S1412 (ACTIVE) - Summary

Allows for the removal of members of the state board of parole by a majority vote in the senate and the assembly; requires three or more members of such board personally interview potential parolees; requires that the determination to parole an incarcerated individual be unanimous.

2023-S1412 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1412

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the executive law, in relation to the state board of
parole membership, interviews with incarcerated individuals, and deter-
mination of parole

 
PURPOSE:

This bill allows members of the New York State Parole Board to be
removed by a majority vote of the Senate and the Assembly in addition to
removal by the Governor and removes cause language. This bill also
requires a minimum of three members to interview inmates seeking parole
and require a unanimous vote of the 3 members for each determination on
parole.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 259-b of the Executive Law by allowing a member
of the parole board to be removed by a majority vote in the Senate and

the Assembly in addition to the Governor. This section also removes
language "for cause after an opportunity to be heard."

Sections 2 and 3 amend section 259-i of the Executive Law requiring a
minimum of three or more members of the parole board to personally
interview each inmate and determine whether he or she should be paroled.
These sections would also require such determination to be made by unan-
imous agreement of the board.

Section 4 contains the effective date, immediately.

 
JUSTIFICATION:

Recently, the New York State Parole Board has made several questionable
determinations granting early release for violent criminals who have
committed horrific crimes. Some of these criminals have been released
back to the streets by 2-1 decisions by members of the parole board.
These split decisions demonstrate that at least one member of the parole
board deems these criminals still not ready to be released. Requiring a
unanimous agreement by the parole board would help to eliminate any
doubt in parole determinations. This legislation also provides the
legislature to remove parole board members they deem unfit.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 3716 Referred to Crime Victims, Crime and Correction

2019-2020: Referred to Rules.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1412 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1412
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 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  incarcerated  individuals,  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 chapter 486  of  the  laws  of
 2022, 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  incarcerated  individual
 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 incarcerated individ-
 ual 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
 INCARCERATED INDIVIDUAL SHALL BE UNANIMOUS BY AGREEMENT OF THE BOARD. If
 parole  is  not  granted  upon  such review, the incarcerated individual
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03827-01-3

 S. 1412                             2
 
 sideration, and the procedures to be followed upon reconsideration shall
 be the same. If the incarcerated individual 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  databank fee previously imposed by a court of competent juris-
 diction 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  registra-
 tion  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. If the incarcerated individual is released, he or she shall also be
 notified  in writing that his or her voting rights will be restored upon
 release.
   § 3. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended by chapter 486 of the laws of 2022, 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 incarcerated individual serving  an  inde-
 terminate  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  INCAR-
 CERATED  INDIVIDUAL  SHALL  BE  UNANIMOUS  BY AGREEMENT OF THE BOARD. If
 parole is not granted upon  such  review,  the  incarcerated  individual
 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
 be the same. If the incarcerated individual 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 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. If the  incarcerated  indi-
 vidual is released, he or she shall also be notified in writing that his
 or her voting rights will be restored upon release.
   §  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.

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Senate Bill S1412

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Sponsored By

Robert G. Ortt