S7293-2011 - NY Senate Open Legislation - Relates to retaining peace officer status for facilities parole officers

Relates to retaining peace officer status for facilities parole officers.

Sponsor: NOZZOLIO / Co-sponsor(s): GOLDEN, GALLIVAN, LARKIN / Committee: CODES
Law Section: Criminal Procedure Law / Law: Amd S2.10, CP L

S7293-2011 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

S7293-2011 Meetings

Rules: Jun 14, 2012

S7293-2011 Calendars

Floor Calendar: Jun 12, 2012

S7293-2011 Votes

VOTE: FLOOR VOTE: - Jun 12, 2012

Ayes (54): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (5): Dilan, Hassell-Thomps, Montgomery, Perkins, Rivera
Excused (3): Espaillat, Huntley, Krueger

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

S7293-2011 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.

S7293-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          7293
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15082-02-2

S7293-2011: Relates to retaining peace officer status for facilities parole officers