Bill Text: NY A08917 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to records of parole release interviews for inmates detained as sex offenders.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2012-08-01 - signed chap.363 [A08917 Detail]
Download: New_York-2011-A08917-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8917
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the executive law and the mental hygiene law, in
relation to records of parole release interviews for certain inmates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 6 of section 259-i of the
2 executive law, as amended by section 1 of part T of chapter 62 of the
3 laws of 2003, is amended to read as follows:
4 (a) (I) The board shall provide for the making of a verbatim record of
5 each parole release interview, except where a decision is made to
6 release the inmate to parole supervision, and each preliminary and final
7 revocation hearing, except when the decision of the presiding officer
8 after such hearings result in a dismissal of all charged violations of
9 parole, conditional release or post release supervision.
10 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
11 GRAPH, THE BOARD SHALL PROVIDE FOR THE MAKING OF A VERBATIM RECORD OF
12 EACH PAROLE RELEASE INTERVIEW IN ALL PROCEEDINGS WHERE THE INMATE IS A
13 DETAINED SEX OFFENDER AS SUCH TERM IS DEFINED IN SUBDIVISION (G) OF
14 SECTION 10.03 OF THE MENTAL HYGIENE LAW. SUCH RECORD SHALL BE PROVIDED
15 TO THE OFFICE OF MENTAL HEALTH FOR USE BY THE MULTIDISCIPLINARY STAFF
16 AND THE CASE REVIEW PANEL PURSUANT TO SECTION 10.05 OF THE MENTAL
17 HYGIENE LAW.
18 S 2. Paragraph 5 of subdivision (c) of section 10.05 of the mental
19 hygiene law, as added by chapter 7 of the laws of 2007, is amended and a
20 new paragraph 6 is added to read as follow:
21 (5) A description of the person's institutional history, including his
22 or her participation in any sex offender treatment program[.]; AND
23 (6) RECORDS OF PAROLE RELEASE INTERVIEWS PREPARED PURSUANT TO SUBPAR-
24 AGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION TWO HUNDRED
25 FIFTY-NINE-I OF THE EXECUTIVE LAW.
26 S 3. Subdivision (d) of section 10.05 of the mental hygiene law, as
27 added by chapter 7 of the laws of 2007, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13861-01-2
A. 8917 2
1 (d) The commissioner shall be authorized to designate multidiscipli-
2 nary staff, including clinical and other professional personnel, to
3 provide a preliminary review of the need for detained sex offenders to
4 be evaluated under the procedures of this section. When the commissioner
5 receives notice pursuant to subdivision (b) of this section, such staff
6 shall review and assess relevant medical, clinical, criminal, [or] AND
7 institutional records, actuarial risk assessment instruments [or] AND
8 other records and reports, including RECORDS OF PAROLE RELEASE INTER-
9 VIEWS WHERE APPLICABLE, AND records and reports provided by the district
10 attorney of the county where the person was convicted, or in the case of
11 persons determined to be incapacitated or not responsible by reason of
12 mental disease or defect, the county where the person was charged. Upon
13 such review and assessment, the staff shall determine whether the person
14 who is the subject of the notice should be referred to a case review
15 team for evaluation.
16 S 4. This act shall take effect on the thirtieth day after it shall
17 have become a law.
