Bill S4133-2013

Requires unanimous agreement by the parole board to release an inmate on parole

Requires unanimous agreement by the parole board to release an inmate on parole.

Details

Actions

  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 11, 2013: referred to correction
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1002
  • May 20, 2013: REPORTED AND COMMITTED TO FINANCE
  • Mar 12, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 20, 2013
Ayes (6): Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie
Ayes W/R (3): Gallivan, Little, Hoylman
Nays (4): Hassell-Thompson, Montgomery, Peralta, Rivera

Memo

BILL NUMBER:S4133

TITLE OF BILL: An act to amend the executive law, in relation to requiring unanimous agreement by the parole board to release an inmate on parole

PURPOSE: To require unanimous consent of the Parole Board to release an inmate on parole

SUMMARY OF PROVISIONS:

Sections one and two of this bill amend Executive Law section 259(2)(a) to require that decisions of the Parole Board to grant parole to an inmate must be unanimous.

Section two provides that this act shall take effect immediately, provided 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.

EXISTING LAW: Currently, a majority of the Board is required for an inmate to be granted parole.

JUSTIFICATION: When it comes to making the critical determination whether to set someone free on parole, the Parole Board should seek unanimity. When an inmate who was convicted in the killing of a police officer is up for parole, the Board's decision to grant parole needs to be unanimous. In Spring 2013, the Parole Board is scheduled to decide whether Betsy Ramos should be paroled. Ramos was convicted in the death of NYPD Officer Anthony Mosomillo.

In 2012, the Appellate Division, Third Department heard two cases where the Board rescinded parole. In the case of Pablo Costello, who was convicted in the killing of NYPD Officer David Guttenberg, the Parole Board, with a 2-1 vote, granted Costello parole. When it was discovered that the victim's family had not been notified of the parole hearing or given the opportunity to make a victim impact statement in accordance with the law, the Board rescinded parole. Costello appealed and the Appellate Division upheld the rescission.

In 2010, the Parole Board voted 2-1 to grant parole to cop killer Shuaib Raheem. Raheem was involved in a botched armed robbery in Williamsburg, NY in 1973, which resulted in the death of Patrolman Stephen Gilroy and injured Patrolman Frank Carpentier. After pressure from some Senators and police organizations, cop killer John MacKenzie, who opened fire during a burglary in West Hempstead in 1975 and killed Nassau County Police Officer Matthew Giglio, was denied parole in 2010. He was denied parole again in 2012 and is eligible for parole in June 2014. Another convicted cop-killer Anthony Blanks was scheduled for a parole hearing at Shawangunk State Prison in Wallkill, NY. Blanks is a cold-blooded cop-killer and a dangerous criminal. He killed Patrolman Arthur Dematte in 1976 in Larchmont, using the policeman's own revolver, and then fled in his police cruiser. That

homicide left Patrolman Dematte's wife without a husband, his four young children without a father, and his fellow officers without a friend and partner. Each time Anthony Blanks is eligible for parole, the family is once again victimized and the Police Department relives this tragedy.

LEGISLATIVE HISTORY: 2011-2: S.1993 - Referred to Crime Victims, Crime and Corrections 2010: S.8259 - Referred to Rules

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately, provided 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4133 2013-2014 Regular Sessions IN SENATE March 12, 2013 ___________
Introduced by Sen. GOLDEN -- 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 requiring unanimous agreement by the parole board to release an inmate on parole 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. SUCH DETERMINATION TO PAROLE SUCH INMATE SHALL BE UNANIMOUS BY AGREEMENT OF THE BOARD. 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 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 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. 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. SUCH DETERMINATION TO PAROLE SUCH INMATE SHALL BE UNANIMOUS BY AGREEMENT OF THE BOARD. 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 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 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 traf- fic law. S 3. This act shall take effect immediately, provided that the amend- ments to paragraph (a) of subdivision 2 of section 259-i of the execu- tive law made by section one of this act shall be subject to the expira- tion 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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