Requires inmates incarcerated for a class A-I felony, requesting a delay of their parole hearing, to submit such request to the state board of parole.
Ayes (8): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie
Ayes W/R (1): Hoylman
Nays (4): Hassell-Thompson, Montgomery, Peralta, Rivera
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to implement the provisions of this act on its effective date are authorized and directed to be amended, added and/or repealed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 987 2013-2014 Regular Sessions IN 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