Assembly Bill A7648

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7648
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2025
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the executive law, in relation to extending the time for
   reconsideration of parole for violent felony offenders
 
   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 section 14 of  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]  SUCH  INDIVIDUAL should be paroled in accordance with the
 guidelines adopted pursuant to subdivision four of section  two  hundred
 fifty-nine-c of this article. 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  FOR  RECONSIDERATION  WHICH  IS
 EITHER  TWENTY-FOUR  OR  FORTY-EIGHT  MONTHS FROM SUCH DETERMINATION FOR
 VIOLENT FELONY OFFENDERS, OR not more than twenty-four months from  such
 determination  for [reconsideration] ALL OTHER OFFENDERS, and the proce-
 dures to be followed upon reconsideration shall  be  the  same.  If  the
 incarcerated  individual  is released, [he or she] SUCH INDIVIDUAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04319-01-5
              

 A. 7648                             2
 
 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] SUCH INDI-
 VIDUAL shall also be notified in writing that [his or her] THEIR  voting
 rights will be restored upon release.
   §  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law, as amended by section 15 of 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] SUCH INDIVIDUAL 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. 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 FOR RECONSIDERATION WHICH IS
 EITHER TWENTY-FOUR OR FORTY-EIGHT MONTHS  FROM  SUCH  DETERMINATION  FOR
 VIOLENT  FELONY OFFENDERS, OR not more than twenty-four months from such
 determination for [reconsideration] ALL OTHER OFFENDERS, and the  proce-
 dures  to  be  followed  upon  reconsideration shall be the same. If the
 incarcerated individual is released, [he or she] THEY 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. If the incarcerated individual is released, [he
 or  she]  THEY shall also be notified in writing that [his or her] THEIR
 voting rights will be restored upon release.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law; provided that the amendments to subparagraph (i) of
 paragraph (a) of subdivision 2 of section 259-i  of  the  executive  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such paragraph  when  upon  such  date  the  provisions  of
 section two of this act shall take effect.