Senate Bill S5315

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5315
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 requiring unanimous
   agreement by the parole board to release an  incarcerated  individuals
   on parole

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 members as determined by the rules of the  board  shall
 personally  interview such incarcerated individual 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 reconsideration, and the  proce-
 dures  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 data-
 bank fee previously imposed by a court of  competent  jurisdiction  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09243-01-3
              

 S. 5315                             2
 
 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.  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.
   §  2. 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
 members  as determined by the rules of the board shall personally inter-
 view an incarcerated individual 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 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 reconsideration, and the  proce-
 dures  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 individual is released, he
 or she shall also be notified in writing that his or her  voting  rights
 will be restored upon release.
   §  3. 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 one 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 two of this act shall take effect.