S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4203
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by 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 amended by section 14 of  chapter
 486 of the laws of 2022, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02629-01-3
              

 A. 4203                             2
 
 under subdivision 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. If the 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  amended  by  section 15 of chapter 486 of the laws of 2022, 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 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.