S987-2013 Actions

• Mar 13, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S987-2013 Meetings

S987-2013 Votes

S987-2013 Memo

BILL NUMBER:S987

TITLE OF BILL:
An act
to amend the executive law, in relation to inmate requests to reschedule
a parole hearing

PURPOSE:
Requires inmates incarcerated for a class A-1 felony,
requesting a delay of their parole hearing, to submit such request to
the state board of parole in order to prevent "shopping" for
sympathetic parole commissioners.

SUMMARY OF PROVISIONS:
Section 1. Subdivision 2 of section 259-i of the executive law is
amended by adding a new paragraph (a-1) to read as: No delay or
rescheduling of an interview scheduled pursuant to paragraph (a) of
this subdivision shall be granted upon the request of an inmate who
is incarcerated by reason of a conviction of a class A-1 felony,
unless, not less than ten days prior to the scheduled interview, such
inmate shall have submitted a request therefor in writing to the
state board of parole stating the reason for such request and the
state board shall have approved the request for good cause shown.

JUSTIFICATION:
Inmates have been requesting adjournments of their
parole hearings with increasing regularity in order to "shop" for
parole commissioners who they deem more sensitive, understanding, and
thus more likely to grant their parole. Inmates need two of three
commissioners to sign off on their release, and currently, inmates do
not have to state a reason for seeking an adjournment if a panel of
commissioners is not to their liking. This has allowed inmates to
shop for a favorable mix of parole commissioners who would be more
likely to grant their parole. This bill would prevent inmates from
requesting a sudden adjournment of their parole hearing and thus not
allow them to shop for a favorable panel of parole commissioners.

LEGISLATIVE HISTORY:
S.1209 of 2011 - Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become law; provided that,
effective immediately, any rules and regulations necessary to
implement the provisions of this act on its effective date are
authorized and directed to be amended, added and/or repealed on or
before such date.

S987-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          987
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens. MARTINS, GOLDEN -- 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 inmate requests to
 reschedule a parole hearing
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  2  of  section 259-i of the executive law is
 amended by adding a new paragraph (a-1) to read as follows:

 (A-1) NO DELAY OR RESCHEDULING OF AN INTERVIEW SCHEDULED  PURSUANT  TO
 PARAGRAPH  (A)  OF THIS SUBDIVISION SHALL BE GRANTED UPON THE REQUEST OF
 AN INMATE WHO IS INCARCERATED BY REASON OF A CONVICTION OF A  CLASS  A-I
 FELONY, UNLESS, NOT LESS THAN TEN DAYS PRIOR TO THE SCHEDULED INTERVIEW,
 SUCH  INMATE  SHALL  HAVE SUBMITTED A REQUEST THEREFOR IN WRITING TO THE
 STATE BOARD OF PAROLE STATING THE REASON FOR SUCH REQUEST AND THE  STATE
 BOARD SHALL HAVE APPROVED THE REQUEST FOR GOOD CAUSE SHOWN.
 SHOULD  EXIGENT  CIRCUMSTANCES ARISE PRIOR TO THE SCHEDULED INTERVIEW,
 BUT AFTER THE TEN DAY PERIOD, AN EMPLOYEE OF THE  CORRECTIONAL  FACILITY
 WHERE  THE  INMATE IS INCARCERATED MAY, ON BEHALF OF THE INMATE, REQUEST
 TO RESCHEDULE THE INTERVIEW BASED UPON GOOD CAUSE  NOT  KNOWN  TEN  DAYS
 PRIOR.    IF SUCH REQUEST IS APPROVED BY THE STATE BOARD, SUCH INTERVIEW
 SHALL BE RESCHEDULED FOR THE NEXT DATE THAT  THE  SAME  ASSIGNED  PAROLE
 BOARD  MEMBER WILL BE RETURNING TO THAT CORRECTIONAL FACILITY TO CONDUCT
 INTERVIEWS.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided that,  effective  immediately,  any
 rules  and regulations necessary to implement the provisions of this act
 on its effective date are authorized and directed to be  amended,  added
 and/or repealed on or before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04590-01-3

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