Bill Text: NY S04918 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to incarcerated individual interviews by the state board of parole; requires such parole board interviews of incarcerated individuals to be conducted in person and in the correctional facility where such incarcerated individual is housed.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04918 Detail]
Download: New_York-2023-S04918-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4918 2023-2024 Regular Sessions IN SENATE February 17, 2023 ___________ Introduced by Sen. SEPULVEDA -- 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 incarcerated individ- ual interviews by the state board of parole The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of 2 section 259-i of the executive law, as amended by section 14 of chapter 3 486 of the laws of 2022, is amended to read as follows: 4 (i) Except as provided in subparagraph (ii) of this paragraph, at 5 least one month prior to the date on which an incarcerated individual 6 may be paroled pursuant to subdivision one of section 70.40 of the penal 7 law, a member or members as determined by the rules of the board shall 8 [personally] conduct an in-person interview of such incarcerated indi- 9 vidual in the correctional facility where he or she is housed and deter- 10 mine whether he or she should be paroled in accordance with the guide- 11 lines adopted pursuant to subdivision four of section two hundred 12 fifty-nine-c of this article. If parole is not granted upon such review, 13 the incarcerated individual shall be informed in writing within two 14 weeks of such appearance of the factors and reasons for such denial of 15 parole. Such reasons shall be given in detail and not in conclusory 16 terms. The board shall specify a date not more than twenty-four months 17 from such determination for reconsideration, and the procedures to be 18 followed upon reconsideration shall be the same. If the incarcerated 19 individual is released, he or she shall be given a copy of the condi- 20 tions of parole. Such conditions shall where appropriate, include a 21 requirement that the parolee comply with any restitution order, mandato- 22 ry surcharge, sex offender registration fee and DNA databank fee previ- 23 ously imposed by a court of competent jurisdiction that applies to the 24 parolee. The conditions shall indicate which restitution collection EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09369-01-3S. 4918 2 1 agency established under subdivision eight of section 420.10 of the 2 criminal procedure law, shall be responsible for collection of restitu- 3 tion, mandatory surcharge, sex offender registration fees and DNA data- 4 bank fees as provided for in section 60.35 of the penal law and section 5 eighteen hundred nine of the vehicle and traffic law. If the incarcerat- 6 ed individual is released, he or she shall also be notified in writing 7 that his or her voting rights will be restored upon release. 8 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 9 law, as amended by section 15 of chapter 486 of the laws of 2022, is 10 amended to read as follows: 11 (a) At least one month prior to the expiration of the minimum period 12 or periods of imprisonment fixed by the court or board, a member or 13 members as determined by the rules of the board shall [personally] 14 conduct an in-person interview of an incarcerated individual serving an 15 indeterminate sentence in the correctional facility where he or she is 16 housed and determine whether he or she should be paroled at the expira- 17 tion of the minimum period or periods in accordance with the procedures 18 adopted pursuant to subdivision four of section two hundred fifty-nine-c 19 of this article. If parole is not granted upon such review, the incar- 20 cerated individual shall be informed in writing within two weeks of such 21 appearance of the factors and reasons for such denial of parole. Such 22 reasons shall be given in detail and not in conclusory terms. The board 23 shall specify a date not more than twenty-four months from such determi- 24 nation for reconsideration, and the procedures to be followed upon 25 reconsideration shall be the same. If the incarcerated individual is 26 released, he or she shall be given a copy of the conditions of parole. 27 Such conditions shall where appropriate, include a requirement that the 28 parolee comply with any restitution order and mandatory surcharge previ- 29 ously imposed by a court of competent jurisdiction that applies to the 30 parolee. The conditions shall indicate which restitution collection 31 agency established under subdivision eight of section 420.10 of the 32 criminal procedure law, shall be responsible for collection of restitu- 33 tion and mandatory surcharge as provided for in section 60.35 of the 34 penal law and section eighteen hundred nine of the vehicle and traffic 35 law. If the incarcerated individual is released, he or she shall also be 36 notified in writing that his or her voting rights will be restored upon 37 release. 38 § 3. This act shall take effect one year after the date on which it 39 shall have become a law; provided, that the amendments to paragraph (a) 40 of subdivision 2 of section 259-i of the executive law made by section 41 one of this act shall be subject to the expiration and reversion of such 42 subdivision pursuant to subdivision d of section 74 of chapter 3 of the 43 laws of 1995, as amended, when upon such date the provisions of section 44 two of this act shall take effect.
