S T A T E   O F   N E W   Y O R K
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    S. 1483--A                                            A. 1680--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 12, 2015
                               ___________

IN  SENATE  -- Introduced by Sens. LAVALLE, DeFRANCISCO, GOLDEN, LARKIN,
  O'MARA, SEWARD, YOUNG -- read twice  and  ordered  printed,  and  when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, PALMESANO, LAVINE, MAGNAR-
  ELLI,  STIRPE,  McDONOUGH,  GRAF, FINCH, KOLB, SALADINO -- Multi-Spon-
  sored by -- M. of A. GIGLIO, RAIA -- read once  and  referred  to  the
  Committee  on Correction -- recommitted to the Committee on Correction
  in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the executive law, in relation  to  the  time  in  which
  reconsideration for parole shall be determined

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

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  2  of
section  259-i  of  the  executive  law, as amended by section 38-f-1 of
subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
least one month prior to the date on which  an  inmate  may  be  paroled
pursuant  to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules  of  the  board  shall  personally
interview  such inmate and determine whether he OR SHE should be paroled
in accordance with the guidelines adopted pursuant to  subdivision  four
of  section  two  hundred fifty-nine-c of this article. If parole is not
granted upon such review, the inmate shall be informed in writing within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02675-02-6
              

S. 1483--A                          2                         A. 1680--A

two weeks of such appearance of the factors and reasons for such  denial
of  parole.  Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall be the same, HOWEVER IN THE CASE  OF
A  DEFENDANT  SENTENCED  FOR AN ELIGIBLE CLASS A FELONY, THE BOARD SHALL
SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM  SUCH  DETERMINATION  FOR
RECONSIDERATION,  AND  THE PROCEDURES TO BE FOLLOWED FOR RECONSIDERATION
SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE CLASS A
FELONY" SHALL MEAN A CONVICTION FOR THE CLASS A-I FELONIES OF: MURDER IN
THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL LAW  WHERE  A
SENTENCE  OTHER  THAN  DEATH  OR  LIFE  IMPRISONMENT  WITHOUT  PAROLE IS
IMPOSED; MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE
PENAL LAW WHERE A SENTENCE OTHER THAN LIFE IMPRISONMENT  WITHOUT  PAROLE
IS  IMPOSED;  AND THE CLASS A-II FELONIES OF PREDATORY SEXUAL ASSAULT AS
DEFINED IN SECTION 130.95 OF THE PENAL LAW AND PREDATORY SEXUAL  ASSAULT
AGAINST  A  CHILD  AS DEFINED IN SECTION 130.96 OF THE PENAL LAW. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole. Such conditions shall where appropriate, include  a  requirement
that the parolee comply with any restitution order, mandatory surcharge,
sex offender registration fee and DNA databank fee previously imposed by
a  court  of  competent  jurisdiction  that  applies to the parolee. The
conditions shall indicate which  restitution  collection  agency  estab-
lished  under subdivision eight of section 420.10 of the criminal proce-
dure law, shall be responsible for collection of restitution,  mandatory
surcharge,  sex  offender  registration  fees  and  DNA databank fees as
provided for in section 60.35 of the  penal  law  and  section  eighteen
hundred nine of the vehicle and traffic law.
  S  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
of the laws of 2011, is amended to read as follows:
  (a)  At  least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court  or  board,  a  member  or
members  as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and  determine  whether
he  OR  SHE should be paroled at the expiration of the minimum period or
periods in accordance with the procedures adopted pursuant  to  subdivi-
sion  four of section two hundred fifty-nine-c. If parole is not granted
upon such review, the inmate shall be informed  in  writing  within  two
weeks  of  such appearance of the factors and reasons for such denial of
parole. Such reasons shall be given in  detail  and  not  in  conclusory
terms.  The  board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the  procedures  to  be
followed  upon reconsideration shall be the same, HOWEVER IN THE CASE OF
A DEFENDANT SENTENCED FOR AN ELIGIBLE CLASS A FELONY,  THE  BOARD  SHALL
SPECIFY  A  DATE  NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMINATION FOR
RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED  FOR  RECONSIDERATION
SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE CLASS A
FELONY" SHALL MEAN A CONVICTION FOR THE CLASS A-I FELONIES OF: MURDER IN
THE  FIRST  DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL LAW WHERE A
SENTENCE OTHER  THAN  DEATH  OR  LIFE  IMPRISONMENT  WITHOUT  PAROLE  IS
IMPOSED; MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE
PENAL  LAW  WHERE A SENTENCE OTHER THAN LIFE IMPRISONMENT WITHOUT PAROLE
IS IMPOSED; AND THE CLASS A-II FELONIES OF PREDATORY SEXUAL  ASSAULT  AS
DEFINED  IN SECTION 130.95 OF THE PENAL LAW AND PREDATORY SEXUAL ASSAULT
AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL  LAW.  If  the

S. 1483--A                          3                         A. 1680--A

inmate is released, he OR SHE shall be given a copy of the conditions of
parole.  Such  conditions shall where appropriate, include a requirement
that the  parolee  comply  with  any  restitution  order  and  mandatory
surcharge  previously  imposed by a court of competent jurisdiction that
applies to the parolee. The conditions shall indicate which  restitution
collection  agency established under subdivision eight of section 420.10
of the criminal procedure law, shall be responsible  for  collection  of
restitution  and mandatory surcharge as provided for in section 60.35 of
the penal law and section eighteen hundred nine of the vehicle and traf-
fic law.
  S 3. This act shall take effect immediately and  shall  apply  to  all
future  and currently incarcerated individuals sentenced for an eligible
class A felony; provided that the  amendments  to  subparagraph  (i)  of
paragraph  (a)  of  subdivision  2 of section 259-i of the executive law
made by section one of this act shall be subject to the  expiration  and
reversion  of  such paragraph pursuant to subdivision d of section 74 of
chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect.