Bill S7293-2011

Relates to retaining peace officer status for facilities parole officers

Relates to retaining peace officer status for facilities parole officers.

Details

Actions

  • Jun 12, 2012: referred to codes
  • Jun 12, 2012: DELIVERED TO ASSEMBLY
  • Jun 12, 2012: PASSED SENATE
  • Jun 12, 2012: ORDERED TO THIRD READING CAL.1158
  • Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 2, 2012: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 12, 2012
Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Duane, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Nays (1): Dilan
Excused (1): Krueger

Memo

BILL NUMBER:S7293               REVISED 05/08/12

TITLE OF BILL: An act to amend the criminal procedure law, in relation to retaining peace officer status for parole officers

PURPOSE OR GENERAL IDEA OF BILL: Relates to retaining peace officer status for parole officers in prison facilities.

SUMMARY OF PROVISIONS: This legislation amends Subdivision 23 of section 2.10 of the criminal procedure law by adding the following: and offender rehabilitation coordinators whose job functions include the following: assigned to one more of the state's correctional facilities; provide guidance to an assigned caseload of inmates and assess needs, prepare evaluations, and prepare eligible inmates for release into the community; make recommendations to the board of parole regarding inmate's readiness for release; perform both social work and law enforcement functions; trained in use of firearms, handle and discharge firearms.

JUSTIFICATION: Recently, the State Department of Civil Service approved a new policy that changed the title of prison facility parole officers to offender rehabilitation coordinators and removed their status as peace officers. Between 13 and 14 percent of all parole officers were affected by this combination.

Incidents such as the Attica riot of 1971, when the DOCS controlled parole functions, have proved that inmates need to see a clear line between those who house them and those who decide when they should be released.

This legislation would restore the status under current law, which already grants to parole officers or warrant officers in the department of corrections and community supervision, to offender rehabilitation coordinators whose job functions include the following: assigned to one or more of the state's correctional facilities; provide guidance to an assigned caseload of inmates and assess needs, prepare evaluations, and prepare eligible inmates for release into the community; make recommendations to the board of parole regarding inmate's readiness for release; perform both social work and law enforcement functions; trained in use of firearms, handle and discharge firearms.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This law shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7293 IN SENATE May 2, 2012 ___________
Introduced by Sens. NOZZOLIO, GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to retaining peace officer status for parole officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 23 of section 2.10 of the criminal procedure law, as amended by section 70 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 23. Parole officers or warrant officers in the department of corrections and community supervision AND OFFENDER REHABILITATION COOR- DINATORS WHOSE JOB FUNCTIONS INCLUDE THE FOLLOWING: ASSIGNED TO ONE OR MORE OF THE STATE'S CORRECTIONAL FACILITIES; PROVIDE GUIDANCE TO AN ASSIGNED CASELOAD OF INMATES AND ASSESS NEEDS, PREPARE EVALUATIONS, AND PREPARE ELIGIBLE INMATES FOR RELEASE INTO THE COMMUNITY; MAKE RECOMMEN- DATIONS TO THE BOARD OF PAROLE REGARDING INMATE'S READINESS FOR RELEASE; PERFORM BOTH SOCIAL WORK AND LAW ENFORCEMENT FUNCTIONS; TRAINED IN USE OF FIREARMS, HANDLE AND DISCHARGE FIREARMS. S 2. This act shall take effect immediately.

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