S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    905
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the executive law, in relation to  requiring  the  state
   board of parole to reflect the composition of the prison population in
   race, age and geographic area of residence

   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]
 THAT 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
 specified  in  this  article,  provided,  however,  that  administrative
 matters of general applicability within the department shall be applica-
 ble to the board. Such board shall consist of  not  more  than  nineteen
 members AND NOT LESS THAN FIFTEEN MEMBERS appointed by the governor with
 the  advice  and  consent of the senate.   IN MAKING APPOINTMENTS TO THE
 BOARD, THE GOVERNOR SHALL ENSURE THAT THE  MEMBERSHIP  SHALL  ADEQUATELY
 REFLECT  THE COMPOSITION OF THE PRISON POPULATION IN RACE AND ETHNICITY,
 AGE, AND GEOGRAPHIC AREA OF RESIDENCE. THE PERCENTAGE OF EACH DEMOGRAPH-
 IC CHARACTERISTIC OF THE MEMBERS SHALL BE DIRECTLY PROPORTIONATE TO THAT
 OF THE PRISON POPULATION. 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,  IN  THE MANNER SPECIFIED ABOVE, for the remainder of the
 unexpired term of the member whom he OR SHE 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 OR HER stead during the  contin-
 uance of such disability.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03436-01-9

 A. 905                              2
 
   § 2. The state board of parole as constituted on the effective date of
 this  section  is hereby abolished as of January 1, 2020. Members of the
 state board of parole as  constituted  pursuant  to  the  provisions  of
 subdivision  1  of  section  259-b  of  the executive law, as amended by
 section  one  of  this  act, shall be appointed by the appropriate state
 official prior to January 1, 2020, so that such board may be fully oper-
 ative on and after such date.
   § 3. This act shall take effect immediately.