S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4422
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Correction
 
 AN ACT to amend the executive law, in  relation  to  appeals  of  parole
   determination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (a) and (b) of subdivision 4 of section 259-i of
 the executive law, paragraph (a) as amended by section 11 of part  E  of
 chapter  62  of the laws of 2003 and paragraph (b) as amended by chapter
 322 of the laws of 2021, are amended to read as follows:
   (a) Except for determinations  made  upon  preliminary  hearings  upon
 allegations  of  violation  of  presumptive release, parole, conditional
 release or post-release supervision, all determinations made pursuant to
 this section may be appealed in accordance with rules promulgated by the
 board EXCEPT THAT A DECISION BY THE BOARD DENYING PAROLE  RELEASE  SHALL
 BE  A  FINAL  DECISION  FOR THE PURPOSES OF ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES.  Any board member who participated in  the
 decision  from  which  the  appeal  is  taken may not participate in the
 resolution of that appeal. The rules of the board  may  specify  a  time
 within which any appeal shall be taken and resolved.
   (b)  Upon  an  appeal [to the] FROM A board DECISION, the incarcerated
 individual may be represented by an  attorney.  Where  the  incarcerated
 individual is financially unable to provide for his or her 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.
   §  2.  Subdivision 5 of section 259-i of the executive law, as amended
 by chapter 166 of the laws of 1991, is amended to read as follows:
   5. Actions of the board. Any action by the board or by a hearing offi-
 cer pursuant to this article shall be deemed  a  judicial  function  and
 shall  not be reviewable if done in accordance with law EXCEPT THAT UPON
 AN APPROPRIATE PETITION THE COURT MAY CONSIDER  A  RELEASE  DECISION  DE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01601-01-3
              

 A. 4422                             2
 
 NOVO.  THE  COURT MAY IN ITS OWN DISCRETION REQUIRE AN APPEARANCE BY THE
 PETITIONER. THE COURT MAY AFFIRM THE DECISION OF THE BOARD,  MODIFY  THE
 DECISION,  ORDER A DE NOVO INTERVIEW FOR RECONSIDERATION BY THE BOARD OR
 PROVIDE A RELEASE DATE FOR THE PETITIONER.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 6 of section
 259-i of the executive law, as amended by chapter 322  of  the  laws  of
 2021, is amended to read as follows:
   (i)  The  board  shall  provide for the making of a verbatim record of
 each parole release interview WITHIN  THIRTY  DAYS  OF  SUCH  INTERVIEW,
 except  where  a decision is made to release the incarcerated individual
 to parole supervision, and each preliminary and final  revocation  hear-
 ing,  except when the decision of the presiding officer after such hear-
 ings result in a dismissal of all charged violations of  parole,  condi-
 tional  release  or  post  release supervision. AN AUDIO RECORDING SHALL
 ALSO BE MADE OF EACH PAROLE RELEASE INTERVIEW IN ITS ENTIRETY. ALL DOCU-
 MENTS SUBMITTED TO THE BOARD SHALL BE INCLUDED IN THE HEARING RECORD FOR
 PURPOSES OF APPEAL.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.