S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3900
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to amend the executive law, in relation to the right to counsel
   at parole hearings
 
   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-f1  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  should  be  paroled  in
 accordance  with  the guidelines adopted pursuant to subdivision four of
 section two hundred fifty-nine-c of this article.   SUCH INMATE  MAY  BE
 REPRESENTED BY AN ATTORNEY AT SUCH INTERVIEW. WHERE THE INMATE IS FINAN-
 CIALLY  UNABLE TO PROVIDE FOR HIS OWN ATTORNEY, UPON REQUEST AN ATTORNEY
 SHALL BE ASSIGNED PURSUANT TO THE  PROVISIONS  OF  SUBPARAGRAPH  (V)  OF
 PARAGRAPH  (F)  OF  SUBDIVISION  THREE OF THIS SECTION. 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.  If  the  inmate  is
 released,  he  shall  be  given a copy of the conditions of parole. Such
 conditions shall where appropriate, include a requirement that the paro-
 lee comply with any restitution order, mandatory surcharge, sex offender
 registration fee and DNA databank fee previously imposed by a  court  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08561-01-9

 A. 3900                             2
 
 competent jurisdiction that applies to the parolee. The conditions shall
 indicate  which restitution collection agency established under subdivi-
 sion eight of section 420.10 of the criminal  procedure  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.
   § 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law, as amended by section 38-f2 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  should be paroled at the expiration of the minimum period or periods
 in accordance with the procedures adopted pursuant to  subdivision  four
 of  section two hundred fifty-nine-c OF THIS ARTICLE. SUCH INMATE MAY BE
 REPRESENTED BY AN ATTORNEY AT SUCH  INTERVIEW.    WHERE  THE  INMATE  IS
 FINANCIALLY  UNABLE  TO  PROVIDE  FOR  HIS OWN ATTORNEY, UPON REQUEST AN
 ATTORNEY SHALL BE ASSIGNED PURSUANT TO THE  PROVISIONS  OF  SUBPARAGRAPH
 (V)  OF PARAGRAPH (F) OF SUBDIVISION THREE OF THIS SECTION. 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  proce-
 dures  to  be  followed  upon  reconsideration shall be the same. If the
 inmate is released, he 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.
   § 3. This act shall take effect one year after it shall have become  a
 law; provided that the amendments to paragraph (a) of subdivision two 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.