Bill S2581-2013

Extends, from 2 years to 4 years, the time between parole eligibility for certain inmates

Extends, from 2 years to 4 years, the time between parole eligibility for certain inmates.

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  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 22, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Text

STATE OF NEW YORK ________________________________________________________________________ 2581 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________
Introduced by Sen. BALL -- 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 extending the period of time between parole eligibility for certain inmates 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 and a new subparagraph (iii) is added to read as follows: (i) Except as provided in [subparagraph] SUBPARAGRAPHS (ii) AND (III) 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 twen- ty-four 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, mandatory surcharge, sex offender registration 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 estab- lished under subdivision eight of section 420.10 of the criminal proce-
dure 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. (III) IN THE CASE OF ANY INMATE WHO IS INCARCERATED FOR ANY OFFENSE DEFINED IN TITLE H OF THE PENAL LAW WHERE A POLICE OFFICER, AS SUCH TERM IS DEFINED IN SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS CHAPTER, OR A CORRECTION OFFICER, AS SUCH TERM IS USED IN THE CORRECTION LAW, IS THE VICTIM OF SUCH OFFENSE, AT LEAST ONE MONTH PRIOR TO THE DATE ON WHICH SUCH 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 FORTY-EIGHT MONTHS FROM SUCH DETERMINATION FOR RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. IF SUCH INMATE IS RELEASED, HE OR SHE SHALL BE GIVEN A COPY OF THE CONDI- TIONS OF PAROLE. SUCH CONDITIONS SHALL, WHERE APPROPRIATE, INCLUDE A REQUIREMENT THAT THE PAROLEE COMPLY WITH ANY RESTITUTION ORDER, MANDATO- RY SURCHARGE, SEX OFFENDER REGISTRATION FEE AND DNA DATABANK FEE PREVI- OUSLY 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 RESTITU- TION, MANDATORY SURCHARGE, SEX OFFENDER REGISTRATION FEES AND DNA DATA- BANK 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 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] (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARA- GRAPH, 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 procedures 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 months from such determi- nation 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 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 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. (II) IN THE CASE OF ANY INMATE WHO IS INCARCERATED FOR ANY OFFENSE DEFINED IN TITLE H OF THE PENAL LAW WHERE A POLICE OFFICER, AS SUCH TERM IS DEFINED IN SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS CHAPTER, OR A CORRECTION OFFICER, AS SUCH TERM IS USED IN THE CORRECTION LAW, IS THE VICTIM OF SUCH OFFENSE, AT LEAST ONE MONTH PRIOR TO THE DATE ON WHICH SUCH 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 FORTY-EIGHT MONTHS FROM SUCH DETERMINATION FOR RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED UPON RECONSIDERATION SHALL BE THE SAME. IF SUCH INMATE IS RELEASED, HE OR SHE SHALL BE GIVEN A COPY OF THE CONDI- TIONS OF PAROLE. SUCH CONDITIONS SHALL, WHERE APPROPRIATE, INCLUDE A REQUIREMENT THAT THE PAROLEE COMPLY WITH ANY RESTITUTION ORDER, MANDATO- RY SURCHARGE, SEX OFFENDER REGISTRATION FEE AND DNA DATABANK FEE PREVI- OUSLY 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 RESTITU- TION, MANDATORY SURCHARGE, SEX OFFENDER REGISTRATION FEES AND DNA DATA- BANK FEES 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 on the first of November next succeed- ing the date on which it shall have become a law; provided, however, that the amendments to 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 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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