Bill Text: NY A05225 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 30-1)

Status: (Introduced) 2024-01-03 - referred to correction [A05225 Detail]

Download: New_York-2023-A05225-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5225

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced by M. of A. BARCLAY, J. M. GIGLIO, GOODELL, PALMESANO, WALSH,
          MANKTELOW,  REILLY,  FRIEND, DiPIETRO, DeSTEFANO, BRABENEC, MORINELLO,
          NORRIS, RA, TAGUE, HAWLEY, McDONOUGH,  BYRNES,  MIKULIN,  BLANKENBUSH,
          GALLAHAN,  SIMPSON, LEMONDES, FITZPATRICK, MILLER, TANNOUSIS -- Multi-
          Sponsored by -- M. of A. K. BROWN -- read once  and  referred  to  the
          Committee on 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:

     1    Section 1. Subdivision 6 of section 259-b of  the  executive  law,  as
     2  amended by section 38-a of subpart A of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    6.  Any  member of the board may be removed by the governor [for cause
     5  after an opportunity to be heard] or by a majority vote  in  the  senate
     6  and the assembly.
     7    §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
     8  259-i of the executive law, as amended by chapter 486  of  the  laws  of
     9  2022, is amended to read as follows:
    10    (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
    11  least one month prior to the date on which  an  incarcerated  individual
    12  may be paroled pursuant to subdivision one of section 70.40 of the penal
    13  law, a [member or] minimum of three or more members as determined by the
    14  rules of the board shall personally interview such incarcerated individ-
    15  ual and determine whether he or she should be paroled in accordance with
    16  the  guidelines  adopted  pursuant  to  subdivision  four of section two
    17  hundred fifty-nine-c of this article. Such determination to parole  such
    18  incarcerated individual shall be unanimous by agreement of the board. If
    19  parole  is  not  granted  upon  such review, the incarcerated individual
    20  shall be informed in writing within two weeks of such appearance of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03827-01-3
        A. 5225                             2

     1  factors  and  reasons  for  such denial of parole. Such reasons shall be
     2  given in detail and not in conclusory terms. The board shall  specify  a
     3  date not more than twenty-four months from such determination for recon-
     4  sideration, and the procedures to be followed upon reconsideration shall
     5  be the same. If the incarcerated individual is released, he or she shall
     6  be given a copy of the conditions of parole. Such conditions shall where
     7  appropriate,  include  a  requirement  that  the parolee comply with any
     8  restitution order, mandatory surcharge, sex  offender  registration  fee
     9  and  DNA  databank fee previously imposed by a court of competent juris-
    10  diction that applies to the parolee. The conditions shall indicate which
    11  restitution collection agency established  under  subdivision  eight  of
    12  section  420.10  of the criminal procedure law, shall be responsible for
    13  collection of restitution, mandatory surcharge, sex  offender  registra-
    14  tion  fees and DNA databank fees as provided for in section 60.35 of the
    15  penal law and section eighteen hundred nine of the vehicle  and  traffic
    16  law. If the incarcerated individual is released, he or she shall also be
    17  notified  in writing that his or her voting rights will be restored upon
    18  release.
    19    § 3. Paragraph (a) of subdivision 2 of section 259-i of the  executive
    20  law,  as  amended by chapter 486 of the laws of 2022, is amended to read
    21  as follows:
    22    (a) At least one month prior to the expiration of the  minimum  period
    23  or  periods  of  imprisonment fixed by the court or board, a [member or]
    24  minimum of three or more members as determined by the rules of the board
    25  shall personally interview an incarcerated individual serving  an  inde-
    26  terminate  sentence and determine whether he or she should be paroled at
    27  the expiration of the minimum period or periods in accordance  with  the
    28  procedures  adopted  pursuant to subdivision four of section two hundred
    29  fifty-nine-c of this article. Such determination to parole  such  incar-
    30  cerated  individual  shall  be  unanimous  by agreement of the board. If
    31  parole is not granted upon  such  review,  the  incarcerated  individual
    32  shall  be informed in writing within two weeks of such appearance of the
    33  factors and reasons for such denial of parole.  Such  reasons  shall  be
    34  given  in  detail and not in conclusory terms. The board shall specify a
    35  date not more than twenty-four months from such determination for recon-
    36  sideration, and the procedures to be followed upon reconsideration shall
    37  be the same. If the incarcerated individual is released, he or she shall
    38  be given a copy of the conditions of parole. Such conditions shall where
    39  appropriate, include a requirement that  the  parolee  comply  with  any
    40  restitution  order and mandatory surcharge previously imposed by a court
    41  of competent jurisdiction that applies to the  parolee.  The  conditions
    42  shall  indicate  which  restitution  collection agency established under
    43  subdivision eight of section 420.10 of the criminal procedure law, shall
    44  be responsible for collection of restitution and mandatory surcharge  as
    45  provided  for  in  section  60.35  of the penal law and section eighteen
    46  hundred nine of the vehicle and traffic law. If the  incarcerated  indi-
    47  vidual is released, he or she shall also be notified in writing that his
    48  or her voting rights will be restored upon release.
    49    §  4. This act shall take effect immediately, provided that the amend-
    50  ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
    51  tive law made by section two of this act shall be subject to the expira-
    52  tion  and  reversion  of  such  paragraph  pursuant  to subdivision d of
    53  section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
    54  date the provisions of section three of this act shall take effect.