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Senate Bill S381

2023-2024 Legislative Session

Provides for a right to representation by counsel for certain actions of the parole board

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2023-S381 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Add §259-u, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8414
2025-2026: S1644

2023-S381 (ACTIVE) - Summary

Provides for a right to representation by counsel in any proceeding where an incarcerated individual is under consideration for release on parole and where such incarcerated individual is financially unable to retain counsel.

2023-S381 (ACTIVE) - Sponsor Memo

2023-S381 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    381
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 providing a right to
   representation by counsel for certain actions of the parole board

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 259-u
 to read as follows:
   § 259-U. RIGHT TO REPRESENTATION BY COUNSEL.  IN ANY PROCEEDING  WHERE
 AN  INCARCERATED INDIVIDUAL IS UNDER CONSIDERATION FOR RELEASE ON PAROLE
 UNDER THE PROVISIONS OF THIS ARTICLE AND WHERE SUCH  INCARCERATED  INDI-
 VIDUAL  IS  FINANCIALLY  UNABLE TO RETAIN COUNSEL, THE CRIMINAL COURT OF
 THE CITY OF NEW YORK, THE COUNTY COURT OR DISTRICT COURT IN  THE  COUNTY
 WHERE  THE  FACILITY  HOLDING SUCH INCARCERATED INDIVIDUAL IS LOCATED OR
 WHERE THE PROCEEDING IS HELD, SHALL ASSIGN COUNSEL  IN  ACCORDANCE  WITH
 THE  COUNTY OR CITY PLAN FOR REPRESENTATION PLACED IN OPERATION PURSUANT
 TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   § 2. This act shall take effect on the first of March next  succeeding
 the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02438-01-3

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