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

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S5302-2011 Actions

• May 15, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jun 2, 2011: REPORTED AND COMMITTED TO FINANCE
• May 3, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S5302-2011 Meetings

Crime Victims, Crime and Correction: Jun 2, 2011, Crime Victims, Crime and Correction: May 15, 2012

S5302-2011 Votes

S5302-2011 Memo

BILL NUMBER:S5302

TITLE OF BILL:
An act
to amend the executive law, in relation to extending the period of time
between parole eligibility for certain inmates

PURPOSE:
To extend the period of time between parole eligibility for
certain inmates.

SUMMARY OF PROVISIONS:
Section 1. Section 295-i of the executive law
is amended to add a new subparagraph (iii) to read as follows: (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 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 established under
subdivision eight of section 420.10 of the criminal procedure 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.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the
first of November
next succeeding the date on which it shall have become law.

S5302-2011 Text

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

                                    5302

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11383-02-1

 S. 5302                             2

  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

 S. 5302                             3

  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.