Prohibits parole for any inmates convicted of homicide unless five or at least thirty percent of the members of the parole board are present at the hearing.

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S3537B-2011 Actions

• May 10, 2012: PRINT NUMBER 3537B
• May 10, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Apr 18, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 5, 2012: PRINT NUMBER 3537A
• Jan 5, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jun 24, 2011: COMMITTED TO RULES
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 24, 2011: 1ST REPORT CAL.853
• Mar 8, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 24, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S3537B-2011 Votes

S3537B-2011 Memo

BILL NUMBER:S3537B

TITLE OF BILL:
An act
to amend the executive law, in relation to prohibiting parole for any
inmates convicted of homicide unless five or
at least thirty percent of the
members of the parole board serving at the time, whiever is less,
are present at the
hearing

PURPOSE:
To prohibit parole for any inmates convicted of homicide unless five
or more members of the Parole Board are present at the hearing.

SUMMARY OF PROVISIONS:
Amends section 259-c of the Executive law to prohibit parole for any
inmates convicted of homicide unless five or more members of the
parole Board are present at the hearing.

JUSTIFICATION:
This bill is designed to ensure that adequate review is made of a
prisoner's request for parole.

LEGISLATIVE HISTORY:
2009-10: S.2671 Referred to Crime victims, Crime and Correction
2008-07: S.745  Referred to Crime victims, Crime and Correction
2006-05: S.2384 Passed Senate
2004:    S.5826 Passed Senate

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately, with provisions.

S3537B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3537--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 24, 2011
                                 ___________

  Introduced  by Sen. NOZZOLIO -- 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  --  reported  favorably  from  said  committee  and
    committed  to  the  Committee on Finance -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee

  AN ACT to amend the executive law, in relation to prohibiting parole for
    any  inmates  convicted  of  homicide  unless  five or at least thirty
    percent of the members of the parole board serving at the time, which-
    ever is less, are present at the hearing

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision  1  of section 259-c of the executive law, as
  amended by section 38-b of subpart A of part C of chapter 62 of the laws
  of 2011, is amended to read as follows:

    1. have the power and duty of determining  which  inmates  serving  an
  indeterminate or determinate sentence of imprisonment may be released on
  parole,   or   on   medical  parole  pursuant  to  section  two  hundred
  fifty-nine-r or section two hundred fifty-nine-s of  this  article,  and
  when and under what conditions; PROVIDED, HOWEVER, THAT PAROLE SHALL NOT
  BE  GRANTED  FOR ANY HOMICIDE OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED
  TWENTY-FIVE OF THE PENAL LAW UNLESS FIVE OR AT LEAST THIRTY  PERCENT  OF
  THE  MEMBERS SERVING AT THE TIME, WHICHEVER IS LESS, ARE PRESENT AT SUCH
  HEARING;
    S 2. Subdivision 1 of section 259-c of the executive law,  as  amended
  by chapter 55 of the laws of 1992, is amended to read as follows:

    1.  have  the  power  and duty of determining which inmates serving an
  indeterminate sentence of imprisonment may be released on parole, or  on

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09509-06-2

 S. 3537--B                          2

  medical  parole  pursuant  to  section  two hundred fifty-nine-r of this
  article, and when and under what  conditions;  PROVIDED,  HOWEVER,  THAT
  PAROLE  SHALL  NOT  BE  GRANTED  FOR ANY HOMICIDE OFFENSES AS DEFINED IN
  ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW UNLESS FIVE OR AT LEAST
  THIRTY  PERCENT  OF  THE MEMBERS SERVING AT THE TIME, WHICHEVER IS LESS,
  ARE PRESENT AT SUCH HEARING;
    S 3.  This act shall take effect immediately, provided, however, that:

  the amendments to subdivision 1 of section 259-c of the  executive  law,
  made  by section one of this act, shall be subject to the expiration and
  reversion of such subdivision 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.