S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1740
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 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  TWENTY, 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05634-01-9
              

 S. 1740                             2
 
   § 259-BB. PAROLE BOARD NOMINATION COMMISSION. 1. NO LATER  THAN  APRIL
 FIRST,  TWO  THOUSAND TWENTY, A PAROLE BOARD NOMINATION COMMISSION SHALL
 BE ESTABLISHED.
   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.