NY State Senate Bill 2017-S8681

Senate Bill S8681

2017-2018 Legislative Session

Relates to the establishment of a parole board nomination commission

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to crime victims, crime and correction

2017-S8681 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-b, add §259-bb, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S1740

2017-S8681 (ACTIVE) - Summary

Relates to the establishment of a parole board nomination commission; such commission shall conduct searches and screenings for potential candidates to fill open seats on the state board of parole and provide the governor with no less than three and no more than seven candidate recommendations to fill each vacancy on the board.

2017-S8681 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8681

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to the establishment of a
parole board nomination commission

 
PURPOSE:

Provides an establishment of a commission on parole board nominations.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 259-b of the executive law so
forth after April first, two thousand eighteen, with the advice of the
parole board nomination commission established in section 259-b, the
board will consist of no more than seventeen members appointed by the
Governor with the consent of the Senate. Any member chosen to fill a
vacancy occurring otherwise than by expiration of the term shall be
appointed with forty-five days of such vacancy for the remainder of the

unexpired term.

Section 2 amends the executive law by adding a new section 259-bb in
which the parole board commission shall be established no later than
April first, two thousand and eighteen. The board shall consist of elev-
en members to be appointed in the following manner: five shall be
appointed by the governor, two of which shall be individuals with a
career in judicial reform and social justice; two shall be appointed by
the speaker of the assembly, one of which shall be an individual with a
career in judicial reform and social justice; two shall be appointed by
the majority leader of the senate, one of which shall be an individual
with a career in judicial reform and social justice; one shall be
appointed by the minority leader of the assembly; and one shall be
appointed by the minority leader of the senate. The board shall conduct
searches and screenings for potential candidates to fill open seats on
the state board of parole. Such commission shall provide the governor
with no less than three and no more than seven candidate recommendations
to fill each vacancy on the board. If the senate is not in session at
the time a board nominee is to be confirmed, the governor is given full
authority to name a nominee of the commission as a temporary board
member until the senate reconvenes and confirms such acting board
member.

Section 3 states the act shall take effect immediately.

 
JUSTIFICATION:

There are many signs that show that the Parole board is a broken system.
The board will consist of no more than seventeen members appointed by
the Governor with the consent of the Senate.

The board shall conduct searches and screenings for potential candidates
to fill open seats on the state board of parole. Such commission shall
provide the governor with no less than three and no more than seven
candidate recommendations to fill each vacancy on the board. Any member
chosen to fill a vacancy occurring otherwise than by expiration of the
term shall be appointed with forty-five days of such vacancy for the
remainder of the unexpired term.
The board has been understaffed for a long time. The way that parole
hearings are held shows that commissioners do not spend much time read-
ing the cases; making decisions even before hearing the interviewers'
case. That is why there are so many complaints from inmates saying that
what they say in these hearings do not even matter. By enacting this
bill, the parole board will be able to better strengthen and fix an
underrepresented system.

The description of Board of Parole is an independent operating body
within the Department of Corrections and Community Supervision (DOCCS)
that functions under the supervision and guidance of its Chairperson.
The Board has three primary responsibilities: First, to meticulously
determine whether eligible incarcerated individuals should be released
to the community; second, to establish conditions of release for each
individual being released to community supervision; and third, to deter-
mine whether revocation of an individual's release to community super-
vision is appropriate when a violation of one or more of the conditions
governing release has occurred.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8681 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8681
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 the establishment of a
   parole board nomination commission
 
   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
 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 speci-
 fied  in this article, provided, however, that administrative matters of
 general applicability within the department shall be applicable  to  the
 board.  Such  board  shall  consist  of  not  more than nineteen members
 appointed by the governor with the [advice and] consent of  the  senate,
 AND  AFTER  APRIL  FIRST,  TWO THOUSAND NINETEEN, WITH THE ADVICE OF THE
 PAROLE BOARD NOMINATION COMMISSION ESTABLISHED IN  SECTION  TWO  HUNDRED
 FIFTY-NINE-BB OF THIS ARTICLE. 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 WITHIN FORTY-FIVE DAYS OF SUCH VACANCY for the remainder of
 the  unexpired term of the member whom he is to succeed. In the event of
 the inability to act of any member, the governor may appoint some compe-
 tent informed person to act in his stead during the continuance of  such
 disability.
   §  2.  The  executive law is amended by adding a new section 259-bb to
 read as follows:
   § 259-BB. PAROLE BOARD NOMINATION COMMISSION. 1. NO LATER  THAN  APRIL
 FIRST, TWO THOUSAND NINETEEN, A PAROLE BOARD NOMINATION COMMISSION SHALL
 BE ESTABLISHED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09884-03-8

 S. 8681                             2
 
   2.  SUCH  BOARD SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED IN THE
 FOLLOWING MANNER:
   (A)  FIVE  SHALL  BE  APPOINTED BY THE GOVERNOR, TWO OF WHICH SHALL BE
 INDIVIDUALS WITH A CAREER IN JUDICIAL REFORM AND SOCIAL JUSTICE;
   (B) TWO SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY,  ONE  OF
 WHICH SHALL BE AN INDIVIDUAL WITH A CAREER IN JUDICIAL REFORM AND SOCIAL
 JUSTICE;
   (C)  TWO  SHALL BE APPOINTED BY THE MAJORITY LEADER OF THE SENATE, ONE
 OF WHICH SHALL BE AN INDIVIDUAL WITH A CAREER  IN  JUDICIAL  REFORM  AND
 SOCIAL JUSTICE;
   (D) ONE SHALL BE APPOINTED BY THE MINORITY LEADER IN THE ASSEMBLY; AND
   (E) ONE SHALL BE APPOINTED BY THE MINORITY LEADER IN THE SENATE.
   3.  THE  BOARD  SHALL  CONDUCT  SEARCHES  AND SCREENINGS FOR POTENTIAL
 CANDIDATES TO FILL OPEN SEATS ON THE STATE BOARD OF PAROLE. SUCH COMMIS-
 SION SHALL PROVIDE THE GOVERNOR WITH NO LESS THAN THREE AND NO MORE THAN
 SEVEN CANDIDATE RECOMMENDATIONS TO FILL EACH VACANCY ON THE BOARD.
   4. IF THE SENATE IS NOT IN SESSION AT THE TIME A BOARD NOMINEE  IS  TO
 BE  CONFIRMED, THE GOVERNOR IS GIVEN FULL AUTHORITY TO NAME A NOMINEE OF
 THE COMMISSION AS A TEMPORARY BOARD MEMBER UNTIL THE  SENATE  RECONVENES
 AND CONFIRMS SUCH ACTING BOARD MEMBER.
   § 3. This act shall take effect immediately.

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