This bill has been amended

Bill S1861-2011

Increases from twenty-four to sixty months, the time for which reconsideration for parole shall be determined

Increases from twenty-four to sixty months, the time for which reconsideration for parole shall be determined.

Details

Actions

  • May 15, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jun 2, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 13, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 2, 2011
Ayes (8): Nozzolio, DeFrancisco, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (2): Gallivan, Peralta
Nays (3): Rivera, Hassell-Thompson, Montgomery
Excused (1): Kruger
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 15, 2012
Ayes (7): Nozzolio, DeFrancisco, Griffo, Maziarz, Ranzenhofer, Ritchie, Espaillat
Ayes W/R (4): Gallivan, Little, Kennedy, Peralta
Nays (3): Rivera, Hassell-Thompson, Montgomery

Memo

BILL NUMBER:S1861

TITLE OF BILL:

An act to amend the executive law, in relation to the time in which reconsideration for parole shall be determined

PURPOSE:

This bill would extend the number of months from twenty-four to sixty as the time within which the parole board must set for reconsideration of a denied application for parole.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 259-i (2) (a) (i) of the executive law by providing that should parole be denied, the board shall specify a date not more than sixty months from such determination for reconsideration. This section of law is subject to expiration and reversion pursuant to §74 (d) of Chapter 3 of the Laws of 1995, and the proposed amendment is set to also be subject to such expiration and reversion.

Section 2 of the bill makes similar changes to Section 259-i (2) (a) of the executive law which are scheduled to take effect when the provisions above expire.

JUSTIFICATION:

Currently when parole is denied, the board has the discretion to set the date for reconsideration for parole for any date within two years of the denial of parole. In many cases, especially those involving heinous acts of violence against another, parole will be denied numerous times. However, each time an inmate is considered for parole, the victim and his/her family is required to relive the horror of the crime for the sake of impressing upon the Parole Board the inappropriateness of early release. In these cases, when the board is confident that their opinion regarding parole release will not be changed by anything that can transpire within the next five years, the board should have the discretion to set the date for reconsideration of its denial of parole for any date within those five years. This would still allow for an earlier reconsideration if warranted, yet also give the victim and his/her family a greater period of time of peace before the next parole consideration.

LEGISLATIVE HISTORY:

2009-10: S.425

FISCAL IMPLICATIONS:

This bill could result in some savings to the State by not requiring parole considerations that are unnecessary.

EFFECTIVE DATE:

The first section of the bill would become effective immediately while the second section of this bill would become effective when the provisions of §74 (d) of Chapter 3 of the Laws of 1995 take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 1861 A. 2081 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 13, 2011 ___________
IN SENATE -- Introduced by Sens. LAVALLE, NOZZOLIO, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction IN ASSEMBLY -- Introduced by M. of A. THIELE, McDONOUGH, LAVINE -- Multi-Sponsored by -- M. of A. LANCMAN, RAIA -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to the time in which reconsideration for parole shall be determined 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 separately amended by section 11 of part E and section 9 of part F of chapter 62 of the laws of 2003, 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 inmate 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 inmate and determine whether he should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the inmate 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] SIXTY months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the inmate is released, he shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the paro- lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The board of parole 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, 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. S 2. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by chapter 396 of the laws of 1987, 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 inmate serving an indeterminate sentence and determine whether he should be paroled at the expiration of the minimum period or periods in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c. If parole is not granted upon such review, the inmate 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] SIXTY months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the inmate is released, he 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 board of parole 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 traffic law. S 3. This act shall take effect immediately; provided that the amend- ments to subparagraph (i) of paragraph (a) of subdivision 2 of section 259-i of the executive law made by section one of this act shall be subject to the expiration 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.

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