Bill S2486A-2013

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

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

Details

Actions

  • Jun 11, 2014: referred to correction
  • Jun 11, 2014: DELIVERED TO ASSEMBLY
  • Jun 11, 2014: PASSED SENATE
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1287
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 3, 2014: REPORTED AND COMMITTED TO FINANCE
  • Apr 2, 2014: PRINT NUMBER 2486A
  • Apr 2, 2014: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 23, 2013: referred to correction
  • May 23, 2013: DELIVERED TO ASSEMBLY
  • May 23, 2013: PASSED SENATE
  • May 8, 2013: ADVANCED TO THIRD READING
  • May 7, 2013: 2ND REPORT CAL.
  • May 6, 2013: 1ST REPORT CAL.555
  • Mar 13, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 17, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 3, 2014
Ayes (8): Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Peralta
Ayes W/R (2): Gallivan, Hoylman
Nays (3): Hassell-Thompson, Montgomery, Rivera
VOTE: COMMITTEE VOTE: - Rules - Jun 11, 2014
Ayes (19): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Parker
Ayes W/R (2): Perkins, Gianaris
Nays (2): Krueger, Montgomery
Excused (2): Hassell-Thompson, Espaillat

Text

STATE OF NEW YORK ________________________________________________________________________ S. 2486--A A. 2774--A 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y January 17, 2013 ___________
IN SENATE -- Introduced by Sens. LAVALLE, BALL, DeFRANCISCO, LARKIN, MAZIARZ, O'MARA, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE, LAVINE, McDONOUGH, PALMES- ANO, MAGNARELLI, STIRPE -- Multi-Sponsored by -- M. of A. GIGLIO, RAIA -- read once and referred to the Committee on Social Services -- reference changed to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, 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 OR SHE 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 months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same, PROVIDED HOWEVER THAT IN THE CASE OF AN INMATE SENTENCED FOR A VIOLENT FELONY OFFENSE, THE BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI- NATION FOR RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION A "VIOLENT FELONY OFFENSE" SHALL MEAN A CONVICTION FOR AN OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW. If the inmate is released, he OR SHE 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, mandatory surcharge, sex offender registra- tion fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions 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 regis- tration 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 traf- fic law. S 2. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-2 of subpart A of part C of chapter 62 of the laws of 2011, 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 OR SHE should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivi- sion 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 months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same, PROVIDED HOWEVER THAT IN THE CASE OF AN INMATE SENTENCED FOR A VIOLENT FELONY OFFENSE, THE BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI- NATION FOR RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION A "VIOLENT FELONY OFFENSE" SHALL MEAN A CONVICTION FOR AN OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW. If the inmate is released, he OR SHE 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 conditions shall indicate which restitution collection agency estab- lished under subdivision eight of section 420.10 of the criminal proce- dure law, shall be responsible for collection of restitution and manda-
tory 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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