S T A T E   O F   N E W   Y O R K
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                                   992

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens. RIVERA, PERKINS -- 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 translation services
  for inmates appearing before the parole board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 259-e of the executive law, as amended by section
38-c of subpart A of part C of chapter  62  of  the  laws  of  2011,  is
amended to read as follows:
  S  259-e.  Institutional parole services. The department shall provide
institutional parole services. Such services shall  include  preparation
of  reports  and other data required by the state board of parole in the
exercise of  its  functions  with  respect  to  release  on  presumptive
release,  parole,  conditional  release  or  post-release supervision of
inmates.  ADDITIONALLY, THE DEPARTMENT SHALL DETERMINE WHICH INMATES ARE
IN NEED OF A DEAF LANGUAGE INTERPRETER OR AN ENGLISH LANGUAGE INTERPRET-
ER, AND SHALL INFORM THE BOARD OF SUCH NEED WITHIN A  REASONABLE  PERIOD
OF  TIME  PRIOR  TO  AN  INMATE'S SCHEDULED APPEARANCE BEFORE THE BOARD.
Employees of the department who  collect  data,  interview  inmates  and
prepare  reports for the state board of parole in institutions under the
jurisdiction of the department shall work under the  direct  supervision
of  the  deputy  commissioner  of  the  department  in charge of program
services. Data and reports submitted to  the  board  shall  address  the
statutory factors to be considered by the board pursuant to the relevant
provisions of section two hundred fifty-nine-i of this article.
  S  2.  Section  259-i  of the executive law is amended by adding a new
subdivision 8 to read as follows:
  8. FOREIGN BORN OR NON-ENGLISH SPEAKING PERSON BEFORE THE BOARD.  UPON
NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED  FIFTY-
NINE-E  OF THIS ARTICLE, OR UPON THE REQUEST OF ANY FOREIGN BORN OR NON-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05904-01-5
              

S. 992                              2

ENGLISH SPEAKING PERSON WHO IS SCHEDULED TO PARTICIPATE IN AN INTERVIEW,
PAROLE RELEASE HEARING, PRELIMINARY HEARING OR REVOCATION HEARING, THERE
SHALL BE APPOINTED A QUALIFIED INTERPRETER WHO IS CERTIFIED BY A  RECOG-
NIZED  NATIONAL  OR  NEW YORK STATE CREDENTIALING AUTHORITY TO INTERPRET
THE PROCEEDINGS TO AND THE STATEMENTS OR TESTIMONY OF SUCH  PERSON.  THE
BOARD  SHALL  DETERMINE  A  REASONABLE  FEE  FOR  ALL  SUCH INTERPRETING
SERVICES, THE COST OF WHICH SHALL BE A CHARGE UPON THE BOARD OF  PAROLE.
NO  SUCH  REQUEST  OR  APPOINTMENT  SHALL  CAUSE A DELAY OF RELEASE FROM
INCARCERATION OF SUCH PERSON.
  S 3. This act shall take effect on the  one  hundredth  day  after  it
shall have become a law.