NY State Senate Bill 2017-S8682

Senate Bill S8682

2017-2018 Legislative Session

Relates to the racial and ethnic makeup of the board of parole

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-S8682 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-b, Exec L

2017-S8682 (ACTIVE) - Summary

Relates to the racial and ethnic makeup of the board of parole; requires the ethnic and racial makeup of the board to resemble the racial and ethnic makeup of the state's prison population.

2017-S8682 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8682

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to the racial and ethnic
makeup of the board of parole

 
PURPOSE:

Adds eight additional members to the board of parole and requires the
board members to reflect the racial and ethnic makeup of the prison
population.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 259-b of the executive law so
forth beginning August first, two thousand nineteen, the number of
members appointed shall increase to twenty-seven. Provided, further,
that all new appointments shall be made so that the racial and ethnic
makeup of such board resembles the racial and ethnic makeup of the

state's prison population.

Section 2 states the date in which this act will take effect.

 
JUSTIFICATION:

The Board of Parole has been understaffed for years, which causes abrupt
and superficial proceedings. The board gives inmates very little time to
plead their cases. Each parole interview lasts about fifteen minutes,
and at least one board member is usually reviewing the next case while
the inmate makes his or her presentation. The caseload per parole board
commissioner is so overwhelming that the board no longer sees inmates in
person; they are usually interviewed via a video monitor from a remote
location. Increasing the number of board members would allow them to
give each case the attention it deserves and to make sure each inmate is
accorded a thoughtful and complete review of his or her record. It may
also permit the board to return to in-person interviews.

Currently, the parole board has up to nineteen commissioners appointed
by the Governor. Although the board currently has five black members,
historically, most parole board members have been white individuals from
upstate with law enforcement backgrounds. African-Americans and Latinos
make up seventy five percent of state's prison population. A more
diverse Board of Parole would help alleviate the fear of minority commu-
nities in this state that white inmates receive preferential treatment
and may help ensure that our justice system treats all inmates fairly
under the law.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8682 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8682
 
                             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 racial and  ethnic
   makeup of the 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
 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.
 PROVIDED, HOWEVER, BEGINNING AUGUST FIRST, TWO  THOUSAND  NINETEEN,  THE
 NUMBER  OF  MEMBERS  APPOINTED  SHALL  BE AT LEAST NINETEEN. 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 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  competent
 informed person to act in his stead during the continuance of such disa-
 bility.    PROVIDED, FURTHER, THAT ALL NEW APPOINTMENTS SHALL BE MADE SO
 THAT THE RACIAL AND ETHNIC MAKEUP OF SUCH BOARD RESEMBLES THE RACIAL AND
 ETHNIC MAKEUP OF THE STATE'S PRISON POPULATION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09883-04-8

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