Senate Bill S4645

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4645
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 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 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] SUCH INCARCERATED INDIVIDUAL 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-
 sideration, and the procedures to be followed upon reconsideration shall
 be the same. If the incarcerated individual is  released,  [he  or  she]
 SUCH  INCARCERATED 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08975-01-5
              

 S. 4645                             2
 
 a  court  of  competent  jurisdiction  that  applies to the parolee. The
 conditions shall indicate which  restitution  collection  agency  estab-
 lished  under subdivision eight of section 420.10 of the criminal proce-
 dure  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  indi-
 vidual  is released, [he or she] SUCH INCARCERATED INDIVIDUAL shall also
 be notified in writing that [his or her] SUCH INCARCERATED  INDIVIDUAL'S
 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] SUCH INCARCERATED 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. 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-
 sideration, and the procedures to be followed upon reconsideration shall
 be the same. If the incarcerated individual is  released,  [he  or  she]
 SUCH  INCARCERATED 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  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 traf-
 fic  law.  If  the incarcerated individual is released, [he or she] SUCH
 INCARCERATED INDIVIDUAL shall also be notified in writing that  [his  or
 her]  SUCH INCARCERATED INDIVIDUAL'S 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.