Bill S1209A-2011

Requires inmates incarcerated for a class A-I felony, requesting a delay of their parole hearing, to submit such request to the state board of parole

Requires inmates incarcerated for a class A-I felony, requesting a delay of their parole hearing, to submit such request to the state board of parole.

Details

Actions

  • Jun 12, 2012: referred to correction
  • Jun 12, 2012: DELIVERED TO ASSEMBLY
  • Jun 12, 2012: PASSED SENATE
  • Jun 12, 2012: ORDERED TO THIRD READING CAL.1179
  • Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 7, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 15, 2011: referred to correction
  • Jun 15, 2011: DELIVERED TO ASSEMBLY
  • Jun 15, 2011: PASSED SENATE
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1090
  • May 25, 2011: PRINT NUMBER 1209A
  • May 25, 2011: AMEND AND RECOMMIT TO FINANCE
  • May 3, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 6, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 7, 2012
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Peralta, Espaillat
Ayes W/R (1): Kennedy
Nays (3): Rivera, Hassell-Thompson, Montgomery
VOTE: COMMITTEE VOTE: - Rules - Jun 12, 2012
Ayes (15): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Smith
Ayes W/R (4): Sampson, Breslin, Dilan, Duane
Nays (5): Hassell-Thompson, Montgomery, Parker, Perkins, Stewart-Cousins
Excused (1): Krueger

Memo

BILL NUMBER:S1209A

TITLE OF BILL: An act to amend the executive law, in relation to inmate requests to reschedule a parole hearing

PURPOSE: Requires inmates incarcerated for a class A-1 felony, requesting a delay of their parole hearing, to submit such request to the state board of parole in order to prevent "shopping" for sympathetic parole commissioners.

SUMMARY OF PROVISIONS: Section 1. Subdivision 2 of section 259-i of the executive law is amended by adding a new paragraph (a-1) to read as: No delay or rescheduling of an interview scheduled pursuant to paragraph (a) of this subdivision shall be granted upon the request of an inmate who is incarcerated by reason of a conviction of a class A-1 felony, unless, not less than ten days prior to the scheduled interview, such inmate shall have submitted a request therefore in writing to the state board of parole stating the reason for such request and the state board shall have approved the request for good cause shown. However, if unforeseen circumstances arises within the ten day period, a written request can be made by an employee of the facility on behalf of an inmate to reschedule the interview to a future date with the same scheduled parole board member.

JUSTIFICATION: Inmates have been requesting adjournments of their parole hearings with increasing regularity in order to "shop" for parole commissioners who they deem more sensitive, understanding, and thus more likely to grant their parole. Inmates need two of three commissioners to sign off on their release, and currently, inmates do not have to state a reason for seeking an adjournment if a panel of commissioners is not to their liking. This has allowed inmates to shop for a favorable mix of parole commissioners who would be more likely to grant their parole. This bill would prevent inmates from requesting a sudden adjournment of their parole hearing and thus not allow them to shop for a favorable panel of parole commissioners.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be amended, added and/or repealed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1209--A 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sens. MARTINS, SKELOS, GOLDEN, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to inmate requests to reschedule a parole hearing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 259-i of the executive law is amended by adding a new paragraph (a-1) to read as follows: (A-1) NO DELAY OR RESCHEDULING OF AN INTERVIEW SCHEDULED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE GRANTED UPON THE REQUEST OF AN INMATE WHO IS INCARCERATED BY REASON OF A CONVICTION OF A CLASS A-I FELONY, UNLESS, NOT LESS THAN TEN DAYS PRIOR TO THE SCHEDULED INTERVIEW, SUCH INMATE SHALL HAVE SUBMITTED A REQUEST THEREFOR IN WRITING TO THE STATE BOARD OF PAROLE STATING THE REASON FOR SUCH REQUEST AND THE STATE BOARD SHALL HAVE APPROVED THE REQUEST FOR GOOD CAUSE SHOWN. SHOULD EXIGENT CIRCUMSTANCES ARISE PRIOR TO THE SCHEDULED INTERVIEW, BUT AFTER THE TEN DAY PERIOD, AN EMPLOYEE OF THE CORRECTIONAL FACILITY WHERE THE INMATE IS INCARCERATED MAY, ON BEHALF OF THE INMATE, REQUEST TO RESCHEDULE THE INTERVIEW BASED UPON GOOD CAUSE NOT KNOWN TEN DAYS PRIOR. IF SUCH REQUEST IS APPROVED BY THE STATE BOARD, SUCH INTERVIEW SHALL BE RESCHEDULED FOR THE NEXT DATE THAT THE SAME ASSIGNED PAROLE BOARD MEMBER WILL BE RETURNING TO THAT CORRECTIONAL FACILITY TO CONDUCT INTERVIEWS. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be amended, added and/or repealed on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus