S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5225
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. BARCLAY, J. M. GIGLIO, GOODELL, PALMESANO, WALSH,
   MANKTELOW,  REILLY,  FRIEND, DiPIETRO, DeSTEFANO, BRABENEC, MORINELLO,
   NORRIS, RA, TAGUE, HAWLEY, McDONOUGH,  BYRNES,  MIKULIN,  BLANKENBUSH,
   GALLAHAN,  SIMPSON, LEMONDES, FITZPATRICK, MILLER, TANNOUSIS -- Multi-
   Sponsored by -- M. of A. K. BROWN -- read once  and  referred  to  the
   Committee on Correction
 
 AN  ACT  to  amend  the executive law, in relation to the state board of
   parole  membership,  interviews  with  incarcerated  individuals,  and
   determination of parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 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:
   6.  Any  member of the board may be removed by the governor [for cause
 after an opportunity to be heard] OR BY A MAJORITY VOTE  IN  THE  SENATE
 AND THE ASSEMBLY.
   §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
 259-i of the executive law, as amended by 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] MINIMUM OF THREE OR MORE members as determined by the
 rules of the board shall personally interview such incarcerated individ-
 ual 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. SUCH DETERMINATION TO PAROLE  SUCH
 INCARCERATED INDIVIDUAL SHALL BE UNANIMOUS BY AGREEMENT OF THE BOARD. If
 parole  is  not  granted  upon  such review, the incarcerated individual
 shall be informed in writing within two weeks of such appearance of  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03827-01-3
              

 A. 5225                             2
 
 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 not more than twenty-four months from such determination for recon-
 sideration, 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 juris-
 diction 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 restitution, mandatory surcharge, sex  offender  registra-
 tion  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.
   § 3. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended by 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]
 MINIMUM OF THREE OR MORE members as determined by the rules of the board
 shall personally interview an incarcerated individual serving  an  inde-
 terminate  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. SUCH DETERMINATION TO PAROLE  SUCH  INCAR-
 CERATED  INDIVIDUAL  SHALL  BE  UNANIMOUS  BY AGREEMENT OF THE BOARD. If
 parole is not granted upon  such  review,  the  incarcerated  individual
 shall  be informed in writing within two weeks of such appearance 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 not more than twenty-four months from such determination for recon-
 sideration, 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 previously 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 restitution 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  indi-
 vidual is released, he or she shall also be notified in writing that his
 or her voting rights will be restored upon release.
   §  4. This act shall take effect immediately, provided that the amend-
 ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
 tive law made by section two of this act shall be subject to the expira-
 tion  and  reversion  of  such  paragraph  pursuant  to subdivision d of
 section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
 date the provisions of section three of this act shall take effect.