States that the chairman of the board of parole is responsible for the administrative functions and daily operations of the parole board and its staff.
TITLE OF BILL: An act to amend the executive law, in relation to the powers and duties of the chairman of the board of parole
PURPOSE OF BILL: This bill would amend the Executive Law to clarify that the chairman of the Board of Parole (Board) is still responsible for the administrative functions and daily operations of the Board and its staff following the merger of the Division of Parole and the Department of Correctional Services into the new Department of Corrections and Community Supervision (Department).
SUMMARY OF PROVISIONS:
Section one of the bill would amend Executive Law § 259-b(3) to make it clear that the chair of the Board of Parole is responsible for the administrative functions and daily operations of the Board and its staff
Section two of the bill provides that this bill would take effect immediately.
EXISTING LAW: Under Executive Law § 259-b(3), the Governor is authorized to designate a member of the Board of Parole to serve as its chair. Before the merger of the former Division of Parole and Department of Correctional Services, the Executive Law provided that the chair of the Board also served as the chief executive officer of the Division of Parole. The language of former Executive Law § 259 specified the duties and responsibilities of the chair with respect to the administration and functions of the Division.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
STATEMENT IN SUPPORT: Following the enactment of Chapter 62 of the Laws of 2011, the Board of Parole continues to exist as an entity wholly within the Department. Executive Law § 259-b(1) provides that the Board functions independently of the Department in regard to its decision-making responsibilities, but that "administrative matters of general applicability within the department shall be applicable to the board," While the Executive Law still provides that there is to be a chair of the Board, the Executive Law no longer addresses, as it once did, the authority of the chair to manage the Board and its staff This proposal would clarify the law, making it clear that the chair of the Board is responsible for administrative functions related to and daily operations of the Board.
BUDGET IMPLICATIONS: None.
EFFECTIVE DATE: This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4371--A 2013-2014 Regular Sessions IN SENATE March 24, 2013 ___________Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to the powers and duties of the chairman of the board of parole THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 259-b of the executive law, as amended by section 38-a of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 3. The governor shall designate one of the members of the board as chairman to serve in such capacity at the pleasure of the governor or until the member's term of office expires and a successor is designated in accordance with law, whichever first occurs. THE CHAIRMAN SHALL BE RESPONSIBLE FOR THE ADMINISTRATIVE FUNCTIONS AND DAILY OPERATIONS OF THE PAROLE BOARD AND ITS STAFF, EXCEPT AS OTHERWISE PROVIDED BY LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08994-02-3