S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7118

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the executive law, in relation to the composition 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 AND NOT LESS THAN FIFTEEN MEMBERS appointed by the governor with
the advice and consent of  the  senate  AND  IN  CONSULTATION  WITH  THE
CORRECTIONAL  ASSOCIATION  OF  NEW  YORK.  IN MAKING APPOINTMENTS TO THE
BOARD, THE GOVERNOR SHALL ENSURE THAT THE  MEMBERSHIP  SHALL  ADEQUATELY
REFLECT  THE COMPOSITION OF THE PRISON POPULATION IN RACE AND ETHNICITY,
AGE, AND GEOGRAPHIC AREA OF RESIDENCE. THE PERCENTAGE OF EACH DEMOGRAPH-
IC CHARACTERISTIC OF THE MEMBERS SHALL BE DIRECTLY PROPORTIONATE TO THAT
OF THE PRISON  POPULATION.  ADDITIONALLY,  AT  LEAST  ONE-THIRD  OF  THE
MEMBERS  SHALL  HAVE  BEEN PREVIOUSLY EMPLOYED IN THE FIELDS OF PRISONER
REENTRY OR SOCIAL WORK, EACH WITH A MINIMUM OF FIVE YEARS OF  EXPERIENCE
IN  THEIR  RESPECTIVE FIELDS.  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, IN THE MANNER SPECIFIED ABOVE, for the  remainder  of  the
unexpired  term of the member whom he OR SHE is to succeed. In the event

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09336-03-3
              

A. 7118                             2

of the inability to act of any member, the  governor  may  appoint  some
competent  informed person to act in his OR HER stead during the contin-
uance of such disability.
  S 2. The state board of parole as constituted on the effective date of
this  section  is hereby abolished as of January 1, 2014. Members of the
state board of parole as  constituted  pursuant  to  the  provisions  of
subdivision  1  of  section  259-b  of  the executive law, as amended by
section one of this act, shall be appointed  by  the  appropriate  state
official prior to January 1, 2014, so that such board may be fully oper-
ative on and after such date.
  S 3. This act shall take effect immediately.