S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7568
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by M. of A. WEPRIN -- (at request of the Board of Parole) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the executive law, in relation to  updating  terminology
   and correcting citations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 2  of  section  259-i  of  the
 executive law, as added by chapter 55 of the laws of 1992, is amended to
 read as follows:
   (e) Notwithstanding the requirements of paragraph (a) of this subdivi-
 sion,  the  determination  to  parole  an  inmate  who  has successfully
 completed the shock incarceration  program  pursuant  to  section  [two]
 EIGHT  hundred  sixty-seven  of the correction law may be made without a
 personal interview of the inmate and shall be made  in  accordance  with
 procedures  set forth in the rules of the board. If parole is not grant-
 ed, the time period for  reconsideration  shall  not  exceed  the  court
 imposed minimum.
   §  2.  Subdivision 7 of section 259-i of the executive law, as amended
 by chapter 703 of the laws of 1991, is amended to read as follows:
   7. Deaf person before the board. Whenever any deaf person participates
 in an interview, parole release hearing, preliminary hearing or  revoca-
 tion  hearing,  there  shall be appointed a qualified interpreter who is
 certified by a recognized  national  or  New  York  state  credentialing
 authority to interpret the proceedings to and the statements or testimo-
 ny of such deaf person. The [board] DEPARTMENT shall determine a reason-
 able  fee for all such interpreting services, the cost of which shall be
 a charge upon the [division of parole] DEPARTMENT.
   § 3. The section heading and subdivision 3 of  section  259-q  of  the
 executive  law,  the section heading as added by chapter 904 of the laws
 of 1977, and subdivision 3 as amended by section 38-k-1 of subpart A  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10112-01-7
              

 A. 7568                             2
 
 part  C  of  chapter  62  of  the  laws  of 2011, are amended to read as
 follows:
   Civil actions against [division] BOARD personnel.
   3. The state shall save harmless and indemnify any officer or employee
 of  the board of parole or former division of parole from financial loss
 resulting from a claim filed in a court of the United States for damages
 arising out of an act done or the failure to perform any  act  that  was
 (a)  within  the  scope  of  the  employment and in the discharge of the
 duties of such officer or employee, and (b) not done or omitted with the
 intent to violate any rule or regulation of  the  DEPARTMENT,  BOARD  OR
 FORMER  division or of any statute or governing case law of the state or
 of the United States at the time the damages  were  sustained;  provided
 that  the officer or employee shall comply with the provisions of subdi-
 vision four of section seventeen of the public officers law.
   § 4. This act shall take effect immediately.