Alters the composition of the state board of parole to include members to be appointed upon the recommendation of the four legislative leaders.
Ayes (8): Nozzolio, DeFrancisco, Gallivan, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (4): Griffo, Rivera, Peralta, Espaillat
Nays (1): Montgomery
Excused (1): Hassell-Thompson
TITLE OF BILL: An act to amend the executive law, in relation to altering the membership of the state board of parole
PURPOSE: To modify the appointment authority and process in regards to the parole board.
SUMMARY OF PROVISIONS: Section one amends the executive law to provide for up to 7 members of the parole board being appointed by the governor, 4 each by the Speaker of the Assembly and Temporary President of the Senate, and 2 each from the minority leaders of the Assembly and the Senate.
Section two numbers the sitting members of the parole board for the purpose of following the procedures outlined in section one.
JUSTIFICATION: Currently all members of the parole board are appointed by the governor and confirmed by the Senate. Depending on the executives that are elected and who they chose to appoint this can result in dramatic swings in the ideologies of the parole board. This may lead to inconsistent decisions where two identical cases could receive conflicting unanimous votes within any six year period. This legislation will mitigate this possibility and provide more consistency by the spreading the appointments over five principles.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7248 IN SENATE May 2, 2012 ___________Introduced by Sen. GALLIVAN -- 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 altering the member- ship of the state board of parole 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-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: 1. There shall be in the department a state board of parole
[which]THAT shall possess the powers and duties hereinafter specified. The board shall function independently of the department regarding all of its decision-making functions, as well as any other powers and duties specified in this article, provided, however, that administrative matters of general applicability within the department shall be applica- ble to the board. Such board shall consist of not more than nineteen members [appointed by the governor with the advice and consent of the senate]. THE FIRST, THIRD, FIFTH, SEVENTH, NINTH, ELEVENTH AND THIR- TEENTH MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE GOVERNOR. THE SECOND, SIXTH, TENTH AND FOURTEENTH MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE FOURTH, EIGHTH, TWELFTH AND FIFTEENTH MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. THE SIXTEENTH AND EIGHTEENTH MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE. THE SEVENTEENTH AND NINETEENTH MEMBERS OF THE PAROLE BOARD SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. WHENEVER A VACANCY OCCURS OR THE TERM OF ANY MEMBER EXPIRES, HIS OR HER SEAT SHALL BE FILLED IN THE MANNER OF HIS OR HER ORIGINAL APPOINTMENT. The term of office of each member of such board shall be for six years; provided, however, that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term of the member whom he OR SHE is to succeed. In the event of the inability to act of any member, the governor may appoint someEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15658-01-2 S. 7248 2
competent informed person to act in his OR HER stead during the contin- uance of such disability. S 2. For the purpose of numbering sitting members of the parole board when this act takes effect, the appointed or acting parole board member with his or her term having the earliest expiration date shall be considered the first member of the parole board. The appointed or acting parole board member with his or her term having the next earliest expi- ration date shall be considered the second member, and so on until all parole board members are numbered. In the event that two or more members' terms expire on the same day the older member shall be consid- ered the lower numbered member of the parole board. No part of this act shall be construed to modify in any way the term of an appointed member of the parole board or to make any acting member of the parole board an appointed member. S 3. This act shall take effect immediately.