S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10389
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Stern) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the executive law, in relation to extending the time for
   reconsideration of parole for violent felony offenders
 
   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 separately amended by  section  6
 of  chapter  103  and  section 11 of chapter 322 of the laws of 2021, 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 incarcerated individual
 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 incarcerated individual and determine whether
 he or she should be paroled in accordance with  the  guidelines  adopted
 pursuant to subdivision four of section two hundred fifty-nine-c of this
 article.  If  parole  is  not granted upon such review, the incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance 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  FOR  RECONSIDERATION  WHICH  IS  EITHER  TWENTY-FOUR  OR
 FORTY-EIGHT MONTHS FROM SUCH DETERMINATION FOR VIOLENT FELONY OFFENDERS,
 OR  not more than twenty-four months from such determination for [recon-
 sideration] ALL OTHER OFFENDERS, and the procedures to be followed  upon
 reconsideration  shall  be  the  same. If the incarcerated individual is
 released, he or she 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,  mandatory  surcharge,  sex
 offender  registration  fee and DNA databank fee previously imposed by a
 court of competent jurisdiction that applies to the parolee. The  condi-
 tions  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, mandatory surcharge,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15314-01-2
 A. 10389                            2
 
 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. If  the  [inmate]  INCARCERATED  INDIVIDUAL  is
 released,  he  or  she shall also be notified in writing that his or her
 voting rights will be restored upon release.
   § 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as separately amended by section 7 of chapter 103 and section 11-a
 of chapter 322 of the laws of 2021, 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  incarcerated  individual serving an indeterminate sentence and
 determine whether he or she 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. If parole is not granted upon  such  review,  the  incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance  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  FOR  RECONSIDERATION  WHICH  IS  EITHER TWENTY-FOUR OR
 FORTY-EIGHT MONTHS FROM SUCH DETERMINATION FOR VIOLENT FELONY OFFENDERS,
 OR not more than twenty-four months from such determination for  [recon-
 sideration]  ALL OTHER OFFENDERS, and the procedures to be followed upon
 reconsideration shall be the same. If  the  incarcerated  individual  is
 released,  he  or she 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 previ-
 ously  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  restitu-
 tion  and  mandatory  surcharge  as provided for in section 60.35 of the
 penal law and section eighteen hundred nine of the vehicle  and  traffic
 law.  If  the  [inmate]  INCARCERATED  INDIVIDUAL is released, he or she
 shall also be notified in writing that his or her voting rights will  be
 restored upon release.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that the amendments to subparagraph  (i)  of
 paragraph  (a)  of  subdivision  2 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  when  upon  such  date the provisions of
 section two of this act shall take effect.