Relates to the state council for adult offender supervision and presumptive release.
Ayes (14): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kennedy, Peralta, Espaillat
TITLE OF BILL:
An act to amend chapter 688 of the laws of 2003 amending the executive law, relating to enacting the interstate compact for adult offender supervision, in relation to the state council for adult offender supervision; and to amend the correction law, in relation to presumptive release
PURPOSE OF BILL:
This bill would amend Chapter 688 of the Laws of 2003 that created the State Council for Interstate Adult Offender Supervision ("State Council") and Correction Law § 806(6), to make technical corrections that are required following the 2011 merger of the Division of Parole ("DOP") and the Department of Correctional Services ("DOCS") into the new Department of Corrections and Community Supervision ("DOCCS").
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Chapter 688 of the Laws of 2003, as amended by Chapter 368 of the Laws of 2004, by moving the State Council from DOP to DOCCS. It also would correct the titles of the members of the State Council in light of the merger.
Section 2 of the bill would amend Correction Law § 806(6) to change a reference from Executive Law § 259-b to Executive Law § 259-i.
Section 3 of the bill provides the effective date.
In Chapter 688 of the Laws of 2003, the State adopted the Interstate Compact for Adult Offender Supervision in Executive Law § 259-mm. Chapter 368 of the Laws of 2004 revised the structure of the State Council, an entity that must exist in every state that is a signatory to the " Interstate Compact for Adult Offender Supervision, by placing it within DOP. Part C of Chapter 62 of the Laws of 2011 eliminated DOP and merged its functions into a newly created DOCCS.
Correction Law § 806 (6) sets forth the standards and criteria for presumptive release of non-violent offenders but mistakenly references Executive Law § 259-b, which merely sets forth the organization of the Board of Parole, rather than Executive § 259-i.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
STATEMENT IN SUPPORT:
The legislation that merged DOP and DOCS did n9t address the placement of the State Council but continued its existence within DOP. This technical amendment will now place the State Council with DOCCS
thereby complying with the Interstate Compact for Adult Offender Supervision. Other technical amendments are made to update the names of agencies in light of the recent merger.
Correction Law § 806(6) also contains a technical error resulting from the legislation that created DOCCS. In referencing the Board of Parole's discretionary power to release inmates, the law amended Correction Law §806(6) by mistakenly referencing Executive Law 259-b which relates to the Board of Parole's organization. The correct statutory reference should be Executive Law § 259-i which addresses the Board of Parole's discretionary release authority. This bill would correct this technical error.
This bill would have no budgetary impact.
This law would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6846 IN SENATE March 28, 2012 ___________Introduced by Sen. NOZZOLIO -- (at request of the Board of Parole) -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend chapter 688 of the laws of 2003 amending the executive law, relating to enacting the interstate compact for adult offender supervision, in relation to the state council for adult offender supervision; and to amend the correction law, in relation to presump- tive release THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 688 of the laws of 2003 amending the executive law, relating to enacting the interstate compact for adult offender supervision, as amended by chapter 368 of the laws of 2004, is amended to read as follows: S 2. Pursuant to article IV of section 259-mm of the executive law, there is hereby created within the
[division of parole]DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION a state council for interstate adult offender supervision which shall consist of a compact administra- tor, to be appointed by the governor in consultation with the speaker of the assembly, the temporary president of the senate and the chief judge of the court of appeals, two legislative representatives to be appointed by the speaker of the assembly, two legislative representatives to be appointed by the temporary president of the senate, a judicial represen- tative to be appointed by the governor upon recommendation of the chief judge of the court of appeals, THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR HIS OR HER DESIGNEE, the chair- person of the board of parole or his or her designee, the director of THE OFFICE OF probation and correctional alternatives or his or her designee, the [chairperson of the crime victims board]DIRECTOR OF THE OFFICE OF VICTIM SERVICES or his or her designee, the commissioner of the division of criminal justice services or his or her designee, and a victims rights representative to be appointed by the governor. The coun- cil shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as the council mayEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14640-01-2 S. 6846 2
determine, including but not limited to, the development of policy concerning the operations and procedures of the compact within the state. Each appointed member of the council shall serve a term of five years. Any member chosen to fill a vacancy created other than by expira- tion of term shall be appointed for the unexpired term of the member whom he OR SHE is to succeed. Vacancies caused by the expiration of term shall be filled in the same manner as original appointments and for a term of five years. The council members shall serve without salary but shall be entitled to receive reimbursement for travel and other related expenses associated with participation in the work of the council. S 2. Subdivision 6 of section 806 of the correction law, as amended by section 40 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 6. Any eligible inmate who is not released pursuant to subdivision one or two of this section shall be considered for discretionary release on parole pursuant to the provisions of section eight hundred five of this article or section two hundred
[fifty-nine-b]FIFTY-NINE-I of the execu- tive law, whichever is applicable. S 3. This act shall take effect immediately; provided, however that the amendments to section 2 of chapter 688 of the laws of 2003 and subdivision 6 of section 806 of the correction law made by sections one and two of this act, respectively, shall not affect the repeal of such sections and shall expire and be deemed repealed therewith.