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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Feb 07, 2024 |
referred to correction |
Assembly Bill A9097
2023-2024 Legislative Session
Renames the state board of parole
download bill text pdfSponsored By
SOLAGES
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-A9097 (ACTIVE) - Details
- Current Committee:
- Assembly Correction
- Law Section:
- Executive Law
- Laws Affected:
- Amd Exec L, generally; amd Cor L, generally; amd §§160.50, 160.55, 390.50, 410.91, 430.20 & 440.50, CP L; amd §190, Judy L; amd §10.11, Ment Hyg L; amd §579, Pub Health L; amd §§70.30, 70.40, 70.45 & 240.32, Pen L
2023-A9097 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
9097
I N A S S E M B L Y
February 7, 2024
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the executive law, in relation to renaming the state
board of parole; and to amend the correction law, the criminal proce-
dure law, the judiciary law, the mental hygiene law, the public health
law and the penal law, in relation to making conforming changes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 12-B of the executive law,
as amended by section 105 of subpart B of part C of chapter 62 of the
laws of 2011, is amended to read as follows:
STATE BOARD OF [PAROLE] RE-ENTRY
§ 2. Paragraphs (c) and (e) of subdivision 1 of section 169 of the
executive law, paragraph (c) as amended by section 9 of part A of chap-
ter 60 of the laws of 2012 and paragraph (e) as amended by section 2-a
of part AA of chapter 56 of the laws of 2019, are amended to read as
follows:
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
development, chair of the energy research and development authority,
president of higher education services corporation, commissioner of
motor vehicles, member-chair of board of [parole] RE-ENTRY, chair of
public employment relations board, secretary of state, commissioner of
alcoholism and substance abuse services, executive director of the hous-
ing finance agency, commissioner of housing and community renewal, exec-
utive director of state insurance fund, commissioner-chair of state
liquor authority, and chair of the workers' compensation board;
(e) chairperson of state athletic commission, director of the office
of victim services, chairperson of human rights appeal board, chair-
person of the industrial board of appeals, chairperson of the state
commission of correction, members of the board of [parole] RE-ENTRY,
member-chairperson of unemployment insurance appeal board, director of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13619-01-3
A. 9097 2
veterans' services, and vice-chairperson of the workers' compensation
board;
§ 3. Section 244 of the executive law, as amended by section 19 of
part A of chapter 56 of the laws of 2010, is amended to read as follows:
§ 244. Hostels and foster homes. 1. The office is hereby authorized to
provide or to pay for care in a hostel or foster home approved by the
office as suitable for such cases for any probationer or parolee under
the age of twenty-one years when the [parole] board OF RE-ENTRY or a
judge of a court determines that there is no other suitable home for
such probationer or parolee and that such probationer or parolee should
be placed in such hostel or foster home. In addition to payment for such
care, when ordered by the board or court, the office is authorized to
provide or pay for clothing and other necessities, including medical and
psychiatric treatment, required for the welfare of such probationer or
parolee. The office may also provide or contract for such care in any
suitable facility operated by a department of correction or by any other
public or voluntary social welfare agency, institution or organization.
A court with respect to such a probationer and the [parole] board OF
RE-ENTRY with respect to such a parolee shall, subject to regulation by
the division control admissions to and discharges from such hostels and
foster homes. When placement is made in any hostel or foster home, or
in any facility other than a public institution, such placement whenever
practicable shall be in a hostel, or facility operated by or in the home
of a person or persons of the same religious faith as the probationer or
parolee.
2. The office shall have authority and the duty to stimulate programs
for the development of hostels and foster homes for the care of proba-
tioners and parolees under the age of twenty-one years.
§ 4. Subdivision 1 of section 259 of the executive law, as added by
section 37 of subpart A of part C of chapter 62 of the laws of 2011, is
amended and a new subdivision 9 is added to read as follows:
1. "Board" means the state board of [parole] RE-ENTRY.
9. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 5. Section 259-a of the executive law, as added by section 38 of
subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 259-a. State board of [parole] RE-ENTRY; funding. The annual budget
submitted by the governor shall separately state the recommended appro-
priations for the state board of [parole] RE-ENTRY. Upon enactment,
these separately stated appropriations for the state board of [parole]
RE-ENTRY shall not be decreased by interchange with any other appropri-
ation, notwithstanding section fifty-one of the state finance law.
§ 6. The section heading and subdivisions 1 and 3 of section 259-b of
the executive law, the section heading and subdivision 1 as amended by
section 38-a of subpart A of part C of chapter 62 of the laws of 2011
and subdivision 3 as amended by chapter 135 of the laws of 2013, are
amended to read as follows:
State board of [parole] RE-ENTRY; organization. 1. There shall be in
the department a state board of [parole] RE-ENTRY 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 specified 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. The term of
A. 9097 3
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 for the remainder of the
unexpired term of the member whom he OR SHE is to succeed. In the event
of the inability to act of any member, the governor may appoint some
competent informed person to act in his OR HER stead during the contin-
uance of such disability.
3. The governor shall designate one of the members of the board as
[chairman] CHAIRPERSON to serve in such capacity at the pleasure of the
governor or until the member's term of office expires and a successor is
designated in accordance with law, whichever first occurs. The [chair-
man] CHAIRPERSON shall be responsible for the administrative functions
and daily operations of the [parole] board and its staff, except as
otherwise provided by law.
§ 7. The section heading, the opening paragraph and subdivisions 4, 12
and 13 of section 259-c of the executive law, the section heading and
the opening paragraph as amended by section 38-b of subpart A of part C
of chapter 62 of the laws of 2011, subdivisions 4 and 12 as amended by
chapter 322 of the laws of 2021 and subdivision 13 as amended by chapter
292 of the laws of 2018, are amended to read as follows:
State board of [parole] RE-ENTRY; functions, powers and duties. The
state board of [parole] RE-ENTRY shall:
4. establish written procedures for its use in making parole decisions
as required by law. Such written procedures shall incorporate risk and
needs principles to measure the rehabilitation of persons appearing
before the board, the likelihood of success of such persons upon
release, and assist members of the state board of [parole] RE-ENTRY in
determining which incarcerated individuals may be released to parole
supervision;
12. to facilitate the supervision of all incarcerated individuals
released on community supervision the [chairman] CHAIRPERSON of the
state board of [parole] RE-ENTRY shall consider the implementation of a
program of graduated sanctions, including but not limited to the utili-
zation of a risk and needs assessment instrument that would be adminis-
tered to all incarcerated individuals eligible for parole supervision.
Such a program would include various components including the use of
alternatives to incarceration for technical parole violations;
13. transmit a report of the work of the state board of [parole]
RE-ENTRY for the preceding calendar year to the governor and the legis-
lature annually. Such report shall include statistical information
regarding the demographics of persons granted release and considered for
release to community supervision or deportation, including but not
limited to age, gender, race, ethnicity, region of commitment and other
relevant categories of classification and commitment;
§ 8. Subdivision 1 of section 259-d of the executive law, as amended
by section 38-b-2 of subpart A of part C of chapter 62 of the laws of
2011, is amended to read as follows:
1. The state board of [parole] RE-ENTRY shall appoint and shall have
the power to remove, in accordance with the provisions of the civil
service law, hearing officers who shall be authorized to conduct parole
revocation proceedings. Hearing officers shall function independently of
the department regarding all of their decision-making functions, and
shall report directly to the board, provided, however, that administra-
tive matters of general applicability within the department shall be
applicable to all hearing officers. A hearing officer conducting such
proceedings shall, when delegated such authority by the board in rules
A. 9097 4
adopted by the board, be required to make a written decision in accord-
ance with standards and rules adopted by the board. Nothing in this
article shall be deemed to preclude a member of the state board of
[parole] RE-ENTRY from exercising all of the functions, powers and
duties of a hearing officer upon request of the [chairman] CHAIRPERSON.
§ 9. Section 259-e of the executive law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 259-e. Institutional parole services. The department shall provide
institutional parole services. Such services shall include preparation
of reports and other data required by the state board of [parole] RE-EN-
TRY in the exercise of its functions with respect to release on presump-
tive release, parole, conditional release or post-release supervision of
incarcerated individuals. Additionally, the department shall determine
which incarcerated individuals are in need of a deaf language interpret-
er or an English language interpreter, and shall inform the board of
such need within a reasonable period of time prior to an incarcerated
individual's scheduled appearance before the board. Employees of the
department who collect data, interview incarcerated individuals and
prepare reports for the state board of [parole] RE-ENTRY in institutions
under the jurisdiction of the department shall work under the direct
supervision of the deputy commissioner of the department in charge of
program services. Data and reports submitted to the board shall address
the statutory factors to be considered by the board pursuant to the
relevant provisions of section two hundred fifty-nine-i of this article.
§ 10. Subdivision 5 of section 259-h of the executive law, as amended
by chapter 322 of the laws of 2021, is amended to read as follows:
5. The provisions of this section shall not be construed as diminish-
ing the discretionary authority of the board of [parole] RE-ENTRY to
determine whether or not an incarcerated individual is to be paroled.
§ 11. Subparagraph (iii) of paragraph (f) of subdivision 3, paragraph
(b) of subdivision 6 and subdivision 8 of section 259-i of the executive
law, subparagraph (iii) of paragraph (f) of subdivision 3 as amended by
chapter 427 of the laws of 2021, paragraph (b) of subdivision 6 as
added by section 1 of part T of chapter 62 of the laws of 2003 and
subdivision 8 as amended by chapter 9 of the laws of 2017, are amended
to read as follows:
(iii) Both the alleged violator and an attorney who has filed a notice
of appearance on his or her behalf in accordance with the rules of the
board of [parole] RE-ENTRY shall be given written notice of the date,
place and time of the hearing pursuant to subparagraph (ix) of paragraph
(c) of this subdivision.
(b) The [chairman] CHAIRPERSON of the board of [parole] RE-ENTRY shall
maintain records of all parole interviews and hearings for a period of
twenty-five years from the date of the parole release interview or until
expiration of the maximum term of sentence.
8. Foreign born or non-English speaking person before the board. Upon
notification from the department pursuant to section two hundred fifty-
nine-e of this article, or upon the request of any foreign born or non-
English speaking person who is scheduled to participate in an interview,
parole release hearing, preliminary hearing or revocation hearing, there
shall be appointed from the New York state office of general services
statewide administrative services contract, a qualified interpreter to
interpret the proceedings to and the statements or testimony of such
person. The board shall determine a reasonable fee for all such inter-
preting services, the cost of which shall be a charge upon the board of
A. 9097 5
[parole] RE-ENTRY. No such request or appointment shall cause a delay of
release from incarceration of such person.
§ 12. Subdivisions 1, 2 and 3 of section 259-j of the executive law,
as amended by section 38-g of subpart A of part C of chapter 62 of the
laws of 2011, are amended to read as follows:
1. Except where a determinate sentence was imposed for a felony other
than a felony defined in article two hundred twenty [or article two
hundred twenty-one] of the penal law, if the board of [parole] RE-ENTRY
is satisfied that an absolute discharge from presumptive release,
parole, conditional release or release to a period of post-release
supervision is in the best interests of society, the board may grant
such a discharge prior to the expiration of the full term or maximum
term to any person who has been on unrevoked community supervision for
at least three consecutive years. A discharge granted under this section
shall constitute a termination of the sentence with respect to which it
was granted. No such discharge shall be granted unless the board is
satisfied that the parolee or releasee, otherwise financially able to
comply with an order of restitution and the payment of any mandatory
surcharge, sex offender registration fee or DNA databank fee previously
imposed by a court of competent jurisdiction, has made a good faith
effort to comply therewith.
2. The [chairman] CHAIRPERSON of the board of [parole] RE-ENTRY shall
promulgate rules and regulations governing the issuance of discharges
from community supervision pursuant to this section to assure that such
discharges are consistent with public safety.
3. Notwithstanding any other provision of this section to the contra-
ry, where a term of post-release supervision in excess of five years has
been imposed on a person convicted of a crime defined in article one
hundred thirty of the penal law, including a sexually motivated felony,
the board of [parole] RE-ENTRY may grant a discharge from post-release
supervision prior to the expiration of the maximum term of post-release
supervision. Such a discharge may be granted only after the person has
served at least five years of post-release supervision, and only to a
person who has been on unrevoked post-release supervision for at least
three consecutive years. No such discharge shall be granted unless the
board of [parole] RE-ENTRY or the department acting pursuant to its
responsibility under subdivision one of section two hundred one of the
correction law consults with any licensed psychologist, qualified
psychiatrist, or other mental health professional who is providing care
or treatment to the supervisee; and the board: (a) determines that a
discharge from post-release supervision is in the best interests of
society; and (b) is satisfied that the supervisee, otherwise financially
able to comply with an order of restitution and the payment of any
mandatory surcharge, sex offender registration fee, or DNA data bank fee
previously imposed by a court of competent jurisdiction, has made a good
faith effort to comply therewith. Before making a determination to
discharge a person from a period of post-release supervision, the board
of [parole] RE-ENTRY may request that the commissioner of the office of
mental health arrange a psychiatric evaluation of the supervisee. A
discharge granted under this section shall constitute a termination of
the sentence with respect to which it was granted.
§ 13. Subdivisions 1, 2 and 4 of section 259-k of the executive law,
as amended by section 38-i of subpart A of part C of chapter 62 of the
laws of 2011, are amended to read as follows:
1. All case files shall be maintained by the department for use by the
department and board. The department and board and authorized officers
A. 9097 6
and employees thereof shall have complete access to such files and the
board of [parole] RE-ENTRY shall have the right to make such entries as
the board of [parole] RE-ENTRY shall deem appropriate in accordance with
law.
2. The board shall make rules for the purpose of maintaining the
confidentiality of records, information contained therein and informa-
tion obtained in an official capacity by officers, employees or members
of the board of [parole] RE-ENTRY.
4. Upon a determination by the department and board of [parole] RE-EN-
TRY that records regarding an individual presently under the supervision
of the department are relevant to an investigation of child abuse or
maltreatment conducted by a child protective service pursuant to title
six of article six of the social services law, the department and board
shall provide the records determined to be relevant to the child protec-
tive service conducting the investigation. The department and board
shall promulgate rules for the transmission of records required to be
provided under this section.
§ 14. Subdivisions 1 and 2 of section 259-l of the executive law,
subdivision 1 as amended by chapter 322 of the laws of 2021 and subdivi-
sion 2 as amended by section 38-j of subpart A of part C of chapter 62
of the laws of 2011, are amended to read as follows:
1. It shall be the duty of the commissioner of corrections and commu-
nity supervision to ensure that all officers and employees of the
department shall at all times cooperate with the board of [parole]
RE-ENTRY and shall furnish to such members of the board and employees of
the board such information as may be appropriate to enable them to
perform their independent decision making functions. It is also his or
her duty to ensure that the functions of the board of [parole] RE-ENTRY
are not hampered in any way, including but not limited to: a restriction
of resources including staff assistance; limited access to vital infor-
mation; and presentation of an incarcerated individual's information in
a manner that may inappropriately influence the board in its decision
making. Where an incarcerated individual has appeared before the board
prior to having completed any program assigned by the department, and
such program remains incomplete by no fault of the incarcerated individ-
ual, and where the board has denied such incarcerated individual release
pursuant to paragraph (a) of subdivision two of section two hundred
fifty-nine-i of this article, the department shall prioritize such an
incarcerated individual's placement into the assigned program.
2. The official in charge of each institution wherein any person is
confined under a definite sentence of imprisonment, all officers and
employees thereof and all other public officials shall at all times
cooperate with the board of [parole] RE-ENTRY, and shall furnish to such
board, its officers and employees such information as may be required by
the board to perform its functions hereunder. The members of the board,
its officers and employees shall at all times be given free access to
all persons confined in any such institution under such sentence and
shall be furnished with appropriate working space in such institution
for such purpose without charge therefor.
§ 15. Subdivision 2 of section 259-m of the executive law, as added by
chapter 904 of the laws of 1977, is amended to read as follows:
2. The [chairman] CHAIRPERSON of the board of [parole] RE-ENTRY shall
have power and shall be charged with the duty of promulgating such rules
and regulations as may be deemed necessary to carry out the terms of a
compact entered into by the state pursuant to this section.
A. 9097 7
§ 16. Subdivision 3 of section 259-o of the executive law, as amended
by chapter 211 of the laws of 1985, is amended to read as follows:
3. Whenever there is reasonable cause to believe that a person
released on parole in this state but under the parole supervision of
another state pursuant to section two hundred fifty-nine-m of this arti-
cle has violated the conditions thereof, any person duly authorized in
such other state to conduct preliminary violation hearings, upon request
of the [chairman] CHAIRPERSON of the board of [parole] RE-ENTRY, may
conduct such hearing, unless such hearing is waived by the parolee. The
preliminary violation hearing and the determinations made thereat shall
have the same force and effect as preliminary violation hearing
conducted in this state by the board of [parole] RE-ENTRY or a member,
hearing officer or panel thereof.
§ 17. Subdivisions 1, 2, 3, 4 and 6 of section 259-q of the executive
law, subdivisions 1, 2 and 6 and paragraph (b) of subdivision 4 as
amended by section 38-k-1 of subpart A of part C of chapter 62 of the
laws of 2011, subdivision 3 as amended by chapter 120 of the laws of
2017, and subdivision 4 as added by chapter 466 of the laws of 1978, are
amended to read as follows:
1. No civil action shall be brought in any court of the state, except
by the attorney general on behalf of the state, against any officer or
employee of the board of [parole] RE-ENTRY or former division of parole,
in his OR HER personal capacity, for damages arising out of any act done
or the failure to perform any act within the scope of the employment and
in the discharge of the duties by such officer or employee.
2. Any claim for damages arising out of any act done or the failure to
perform any act within the scope of the employment and in the discharge
of the duties of any officer or employee of the board of [parole] RE-EN-
TRY or former division of parole shall be brought and maintained in the
court of claims as a claim against the state.
3. The state shall save harmless and indemnify any officer or employee
of the board of [parole] RE-ENTRY or former division of parole from
financial loss resulting from a claim filed in a court of the United
States for damages arising out of an act done or the failure to perform
any act that was (a) within the scope of the employment and in the
discharge of the duties of such officer or employee, and (b) not done or
omitted with the intent to violate any rule or regulation of the depart-
ment, board or former division or of any statute or governing case law
of the state or of the United States at the time the damages were
sustained; provided that the officer or employee shall comply with the
provisions of subdivision four of section seventeen of the public offi-
cers law.
4. (a) The provisions of this section shall supplement, and be avail-
able in addition to, the provisions of section seventeen of the public
officers law and, insofar as this section is inconsistent with section
seventeen of the public officers law, the provisions of this section
shall be controlling.
(b) The provisions of this section shall not be construed in any way
to impair, modify or abrogate any immunity available to any officer or
employee of the board of [parole] RE-ENTRY or former division of parole
under the statutory or decisional law of the state or the United States.
6. The benefits of subdivision three [hereof] OF THIS SECTION shall
inure only to officers and employees of the board of [parole] RE-ENTRY
or former division of parole and shall not enlarge or diminish the
rights of any other party.
A. 9097 8
§ 18. Subdivisions 10 and 11 of section 259-r of the executive law,
as amended by chapter 322 of the laws of 2021, are amended to read as
follows:
10. Notwithstanding any other provision of law, in the case of an
incarcerated individual whose terminal condition, disease or syndrome
meets the criteria for medical parole as set forth in paragraph (a) of
subdivision one of this section, and who is not serving a sentence for
one or more offenses set forth in paragraph (i) of subdivision one of
section eight hundred six of the correction law which would render such
incarcerated individual ineligible for presumptive release, the granting
of medical parole shall be determined by the commissioner provided that
a release of such incarcerated individual shall be in accordance with
subdivision eleven of this section. In such case, the provisions that
would have applied to and the procedures that would have been followed
by the board of [parole] RE-ENTRY pursuant to this section shall apply
to and be followed by the commissioner.
11. (a) After the commissioner has made a determination to grant
medical parole pursuant to subdivision ten of this section, the commis-
sioner shall notify the chairperson of the board of [parole] RE-ENTRY,
or their designee who shall be a member of the board of [parole] RE-EN-
TRY, and provide him or her with all relevant records, files, informa-
tion and documentation, which includes but is not limited to the crimi-
nal history, medical diagnosis and treatment pertaining to the
terminally ill incarcerated individual no more than five days from the
date of the determination. (b) The chairperson or his or her designee
shall either accept the commissioner's grant of medical parole, in which
case the incarcerated individual may be released by the commissioner, or
conduct further review. This decision or review shall be made within
five days of the receipt of the relevant records, files, information and
documentation from the commissioner. The chairperson's further review
may include, but not be limited to, an appearance by the terminally ill
incarcerated individual before the chairperson or his or her designee.
(c) After this further review, the chairperson shall either accept the
commissioner's grant of medical parole, in which case the incarcerated
individual may be released by the commissioner, or the chairperson shall
schedule an appearance for the terminally ill incarcerated individual
before the board of [parole] RE-ENTRY.
In the event the terminally ill incarcerated individual is scheduled
to make an appearance before the board of [parole] RE-ENTRY pursuant to
this subdivision, the matter shall be heard by a panel that does not
include the chairperson or any member of the board of [parole] RE-ENTRY
who was involved in the review of the commissioner's determination.
§ 19. Paragraph (b) of subdivision 2 of section 259-s of the executive
law, as amended by chapter 322 of the laws of 2021, is amended to read
as follows:
(b) The commissioner, or the commissioner's designee, shall review the
diagnosis and may certify that the incarcerated individual is suffering
from such condition, disease or syndrome and that the incarcerated indi-
vidual is so debilitated or incapacitated as to create a reasonable
probability that he or she is physically or cognitively incapable of
presenting any danger to society. If the commissioner does not so certi-
fy then the incarcerated individual shall not be referred to the board
for consideration for release on medical parole. If the commissioner
does so certify, then the commissioner shall, within seven working days
of receipt of such diagnosis, refer the incarcerated individual to the
board for consideration for release on medical parole. However, no such
A. 9097 9
referral of an incarcerated individual to the board of [parole] RE-ENTRY
shall be made unless the incarcerated individual has been examined by a
physician and diagnosed as having a condition, disease or syndrome as
previously described herein at some time subsequent to such incarcerated
individual's admission to a facility operated by the department.
§ 20. Section 259-t of the executive law, as added by chapter 487 of
the laws of 2021, is amended to read as follows:
§ 259-t. Permitted activities. Where any person is granted presumptive
release, parole, conditional release, release to post-release super-
vision or any other type of supervised release, the state board of
[parole] RE-ENTRY shall not deem a person to be in violation of and the
state board of [parole] RE-ENTRY shall not terminate such granted
presumptive release, parole, conditional release, release to post-re-
lease supervision or any other type of supervised release solely because
such person engaged in bona fide work for an employer, including travel
time to or from bona fide work, during curfew times set by conditions of
probation, parole, presumptive release, conditional release or release
to post-release supervision. For purposes of this section, bona fide
work is work performed as an employee for an employer, as defined in
section two of the labor law.
§ 21. Section 259-t of the executive law, as added by chapter 492 of
the laws of 2021, is amended to read as follows:
§ [259-t] 259-U. Permitted activities. Where any person is granted
presumptive release, parole, conditional release, release to post-re-
lease supervision or any other type of supervised release, the state
board of [parole] RE-ENTRY shall not deem a person to be in violation of
and the state board of [parole] RE-ENTRY shall not terminate such grant-
ed presumptive release, parole, conditional release, release to post-re-
lease supervision or any other type of supervised release solely because
such person participated in work related labor protests, or in a lawful
labor dispute, strike or other concerted stoppage of work or slowdown
pursuant to article twenty of the labor law or the national labor
relations act (29 U.S.C. sections 151 et. seq.).
§ 22. Subparagraph (iii) of paragraph (c) of subdivision 1 of section
632-a of the executive law, as amended by section 100 of subpart B of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
(iii) is no longer subject to a sentence of probation or conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od terminated or expired or such person was granted a discharge by the
state board of [parole] RE-ENTRY or the department of corrections and
community supervision pursuant to applicable law, or granted a discharge
or termination from probation pursuant to applicable law or granted a
discharge or termination under applicable federal or state law, rules or
regulations prior to the expiration of such full or maximum term or
period; and includes only: (A) those funds paid to such person as a
result of any interest, right, right of action, asset, share, claim,
recovery or benefit of any kind that the person obtained, or that
accrued in favor of such person, prior to the expiration of such
sentence, term or period; (B) any recovery or award collected in a
lawsuit after expiration of such sentence where the right or cause of
action accrued prior to the expiration or service of such sentence; and
(C) earned income earned during a period in which such person was not in
compliance with the conditions of his or her probation, parole, condi-
tional release, period of post-release supervision by the department of
A. 9097 10
corrections and community supervision or term of supervised release with
the United States probation office or United States parole commission.
For purposes of this subparagraph, such period of non-compliance shall
be measured, as applicable, from the earliest date of delinquency deter-
mined by the department of corrections and community supervision, or
from the earliest date on which a declaration of delinquency is filed
pursuant to section 410.30 of the criminal procedure law and thereafter
sustained, or from the earliest date of delinquency determined in
accordance with applicable federal law, rules or regulations, and shall
continue until a final determination sustaining the violation has been
made by the trial court, the department of corrections and community
supervision, or appropriate federal authority.
§ 23. Subdivision 9 of section 2 of the correction law, as amended by
chapter 476 of the laws of 1970, is amended to read as follows:
9. "Diagnostic and treatment center". A correctional facility operated
for the purpose of providing intensive physical, mental and sociological
diagnostic and treatment services including pre-parole diagnostic evalu-
ation, where requested by the board of [parole] RE-ENTRY, and scientific
study of the social and mental aspects of the causes of crime.
§ 24. Subdivision 1 of section 24 of the correction law, as amended by
section 11 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. No civil action shall be brought in any court of the state, except
by the attorney general on behalf of the state, against any officer or
employee of the department, which for purposes of this section shall
include members of the state board of [parole] RE-ENTRY, in his or her
personal capacity, for damages arising out of any act done or the fail-
ure to perform any act within the scope of the employment and in the
discharge of the duties by such officer or employee.
§ 25. Subdivision 2 of section 29 of the correction law, as amended by
section 12 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
2. The commissioner shall make rules as to the privacy of records,
statistics and other information collected, obtained and maintained by
the department, its institutions or the board of [parole] RE-ENTRY and
information obtained in an official capacity by officers, employees or
members thereof.
§ 26. Section 71-a of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 71-a. Transitional accountability plan. Upon admission of an incar-
cerated individual committed to the custody of the department under an
indeterminate or determinate sentence of imprisonment, the department
shall develop a transitional accountability plan. Such plan shall be a
comprehensive, dynamic and individualized case management plan based on
the programming and treatment needs of the incarcerated individual. The
purpose of such plan shall be to promote the rehabilitation of the
incarcerated individual and their successful and productive reentry and
reintegration into society upon release. To that end, such plan shall be
used to prioritize programming and treatment services for the incarcer-
ated individual during incarceration and any period of community super-
vision. The commissioner may consult with the office of mental health,
the office of [alcoholism and substance abuse] ADDICTION services AND
SUPPORTS, the board of [parole] RE-ENTRY, the department of health, and
other appropriate agencies in the development of transitional case
management plans.
A. 9097 11
§ 27. Subdivisions 6 and 8 of section 73 of the correction law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
6. Where a person who is an incarcerated individual of a residential
treatment facility absconds, or fails to return thereto as specified in
the program approved for him or her, he or she may be arrested and
returned by an officer or employee of the department or by any peace
officer, acting pursuant to his or her special duties, or police officer
without a warrant; or a member of the board of [parole] RE-ENTRY or an
officer designated by such board may issue a warrant for the retaking of
such person. A warrant issued pursuant to this subdivision shall have
the same force and effect, and shall be executed in the same manner, as
a warrant issued for violation of community supervision.
8. The state board of [parole] RE-ENTRY may grant parole to any incar-
cerated individual of a residential treatment facility at any time after
he or she becomes eligible therefor. Such parole shall be in accordance
with provisions of law that would apply if the person were still
confined in the facility from which he or she was transferred, except
that any personal appearance before the board may be at any place desig-
nated by the board.
§ 28. Subdivision 1 of section 89-e of the correction law, as amended
by section 47 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
1. The alternate correctional facility review panel is hereby estab-
lished and shall consist of the commissioner, the chairman of the state
commission of correction, the chairman of the board of [parole]
RE-ENTRY, the director of the office of probation and correctional
alternatives, the commissioner of correction of the city of New York,
the president of the New York State Sheriffs' Association Institute,
Inc., and the president of the Correctional Association of New York or
their designees. The governor shall appoint a chairman and vice-chairman
from among the members.
§ 29. Subdivision 4 of section 112 of the correction law, as amended
by chapter 322 of the laws of 2021, is amended to read as follows:
4. The commissioner and the chair of the [parole] board OF RE-ENTRY
shall work jointly to develop and implement, as soon as practicable, a
risk and needs assessment instrument or instruments, which shall be
empirically validated, that would be administered to incarcerated indi-
viduals upon reception into a correctional facility, and throughout
their incarceration and release to community supervision, to facilitate
appropriate programming both during an incarcerated individual's incar-
ceration and community supervision, and designed to facilitate the
successful integration of incarcerated individuals into the community.
§ 30. Section 168-m of the correction law, as amended by section 20 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 168-m. Review. Notwithstanding any other provision of law to the
contrary, any state or local correctional facility, hospital or institu-
tion, district attorney, law enforcement agency, probation department,
state board of [parole] RE-ENTRY, court or child protective agency shall
forward relevant information pertaining to a sex offender to be
discharged, paroled, released to post-release supervision or released to
the board for review no later than one hundred twenty days prior to the
release or discharge and the board shall make recommendations as
provided in subdivision six of section one hundred sixty-eight-l of this
article within sixty days of receipt of the information. Information may
A. 9097 12
include, but may not be limited to all or a portion of the arrest file,
prosecutor's file, probation or parole file, child protective file,
court file, commitment file, medical file and treatment file pertaining
to such person. Such person shall be permitted to submit to the board
any information relevant to the review. Upon application of the sex
offender or the district attorney, the court shall seal any portion of
the board's file pertaining to the sex offender that contains material
that is confidential under any state or federal law; provided, however,
that in any subsequent proceedings in which the sex offender who is the
subject of the sealed record is a party and which requires the board to
provide a recommendation to the court pursuant to this article, such
sealed record shall be available to the sex offender, the district
attorney, the court and the attorney general where the attorney general
is a party, or represents a party, in the proceeding.
§ 31. Subdivision 1 of section 201 of the correction law, as added by
section 32 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. The department shall have responsibility for the preparation of
reports and other data required by the state board of [parole] RE-ENTRY
in the exercise of its independent decision making functions.
§ 32. Subdivision 5 of section 205 of the correction law, as added by
section 32 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
5. The commissioner, in consultation with the chairman of the board of
[parole] RE-ENTRY, shall promulgate rules and regulations governing the
issuance of merit terminations of sentence and discharges from presump-
tive release, parole, conditional release or post-release supervision to
assure that such terminations and discharges are consistent with public
safety. The board of [parole] RE-ENTRY shall have access to merit termi-
nation application case files and corresponding decisions to assess the
effectiveness of the rules and regulations in ensuring public safety.
Such review will in no manner effect the decisions made with regard to
individual merit termination determinations.
§ 33. Subdivision 1 of section 206 of the correction law, as added by
section 32 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. All requests for presumptive release or conditional release shall
be made in writing on forms prescribed and furnished by the department.
Within one month from the date any such application is received, if it
appears that the applicant is eligible for presumptive release or condi-
tional release or will be eligible for such release during such month,
the conditions of release shall be fixed in accordance with rules
prescribed by the board of [parole] RE-ENTRY. Such conditions shall be
substantially the same as conditions imposed upon parolees.
§ 34. Section 207 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 207. Cooperation. It shall be the duty of the commissioner of
corrections and community supervision to insure that all officers and
employees of the department shall at all times cooperate with the board
of [parole] RE-ENTRY and shall furnish to such members and employees of
the board of [parole] RE-ENTRY such information as may be appropriate to
enable them to perform their independent decision making functions. It
is also his or her duty to ensure that the functions of the board of
[parole] RE-ENTRY are not hampered in any way, including but not limited
to: a restriction of resources including staff assistance; limited
access to vital information; and presentation of incarcerated individual
A. 9097 13
information in a manner that may inappropriately influence the board in
its decision making.
§ 35. Section 405 of the correction law, as amended by chapter 766 of
the laws of 1976, is amended to read as follows:
§ 405. Duty of the department to the director of a hospital. The
department shall notify the director of a hospital in advance of hear-
ings to be held at such hospital as may be necessary to carry out the
duties of the board of [parole] RE-ENTRY or the department. The depart-
ment shall assist the department of mental hygiene in establishing or
continuing the operation of grievance procedures at such hospital. Where
the subject matter of the grievance primarily involves a policy or prac-
tice of the department of mental hygiene, the commissioner shall trans-
fer the review of the grievance to the commissioner of mental hygiene
for resolution pursuant to subdivision three of section one hundred
thirty-nine of [the correction law] THIS CHAPTER.
§ 36. Section 705 of the correction law, as amended by section 36 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 705. Forms and filing. 1. All applications, certificates and orders
of revocation necessary for the purposes of this article shall be upon
forms prescribed pursuant to agreement among the state commissioner of
corrections and community supervision, the [chairman] CHAIRPERSON of the
state board of [parole] RE-ENTRY and the administrator of the state
judicial conference. Such forms relating to certificates of relief from
disabilities shall be distributed by the office of probation and correc-
tional alternatives and forms relating to certificates of good conduct
shall be distributed by the commissioner of the department of
corrections and community supervision.
2. Any court or department issuing or revoking any certificate pursu-
ant to this article shall immediately file a copy of the certificate, or
of the order of revocation, with the New York state identification and
intelligence system.
§ 37. Section 805 of the correction law, as amended by section 226 of
chapter 322 of the laws of 2021, is amended to read as follows:
§ 805. Earned eligibility program. Persons committed to the custody of
the department under an indeterminate or determinate sentence of impri-
sonment shall be assigned a work and treatment program as soon as prac-
ticable. No earlier than two months prior to the incarcerated individ-
ual's eligibility to be paroled pursuant to subdivision one of section
70.40 of the penal law, the commissioner shall review the incarcerated
individual's institutional record to determine whether he or she has
complied with the assigned program. If the commissioner determines that
the incarcerated individual has successfully participated in the program
he or she may issue the incarcerated individual a certificate of earned
eligibility. Notwithstanding any other provision of law, an incarcerated
individual who is serving a sentence with a minimum term of not more
than eight years and who has been issued a certificate of earned eligi-
bility, shall be granted parole release at the expiration of his or her
minimum term or as authorized by subdivision four of section eight
hundred sixty-seven of this chapter unless the board of [parole] RE-EN-
TRY determines that there is a reasonable probability that, if such
incarcerated individual is released, he or she will not live and remain
at liberty without violating the law and that his or her release is not
compatible with the welfare of society. Any action by the commissioner
pursuant to this section shall be deemed a judicial function and shall
not be reviewable if done in accordance with law.
A. 9097 14
§ 37-a. Section 805 of the correction law, as amended by section 226-a
of chapter 322 of the laws of 2021, is amended to read as follows:
§ 805. Earned eligibility program. Persons committed to the custody of
the department under an indeterminate sentence of imprisonment shall be
assigned a work and treatment program as soon as practicable. No earlier
than two months prior to the expiration of an incarcerated individual's
minimum period of imprisonment, the commissioner shall review the incar-
cerated individual's institutional record to determine whether he or she
has complied with the assigned program. If the commissioner determines
that the incarcerated individual has successfully participated in the
program he or she may issue the incarcerated individual a certificate of
earned eligibility. Notwithstanding any other provision of law, an
incarcerated individual who is serving a sentence with a minimum term of
not more than six years and who has been issued a certificate of earned
eligibility, shall be granted parole release at the expiration of his or
her minimum term or as authorized by subdivision four of section eight
hundred sixty-seven OF THIS CHAPTER unless the board of [parole] RE-EN-
TRY determines that there is a reasonable probability that, if such
incarcerated individual is released, he or she will not live and remain
at liberty without violating the law and that his or her release is not
compatible with the welfare of society. Any action by the commissioner
pursuant to this section shall be deemed a judicial function and shall
not be reviewable if done in accordance with law.
§ 38. The opening paragraph of subdivision 2 of section 851 of the
correction law, as amended by section 228 of chapter 322 of the laws of
2021, is amended to read as follows:
"Eligible incarcerated individual" means: a person confined in an
institution who is eligible for release on parole or who will become
eligible for release on parole or conditional release within two years.
Provided, however, that a person under sentence for an offense defined
in paragraphs (a) and (b) of subdivision one of section 70.02 of the
penal law, where such offense involved the use or threatened use of a
deadly weapon or dangerous instrument shall not be eligible to partic-
ipate in a work release program until he or she is eligible for release
on parole or who will be eligible for release on parole or conditional
release within eighteen months. Provided, further, however, that a
person under a determinate sentence as a second felony drug offender for
a class B felony offense defined in article two hundred twenty of the
penal law, who was sentenced pursuant to section 70.70 of such law,
shall not be eligible to participate in a temporary release program
until the time served under imprisonment for his or her determinate
sentence, including any jail time credited pursuant to the provisions of
article seventy of the penal law, shall be at least eighteen months. In
the case of a person serving an indeterminate sentence of imprisonment
imposed pursuant to the penal law in effect after September one, nine-
teen hundred sixty-seven, for the purposes of this article parole eligi-
bility shall be upon the expiration of the minimum period of imprison-
ment fixed by the court or where the court has not fixed any period,
after service of the minimum period fixed by the state board of [parole]
RE-ENTRY. If an incarcerated individual is denied release on parole,
such incarcerated individual shall not be deemed an eligible incarcerat-
ed individual until he or she is within two years of his or her next
scheduled appearance before the state [parole] RE-ENTRY board. In any
case where an incarcerated individual is denied release on parole while
participating in a temporary release program, the department shall
review the status of the incarcerated individual to determine if contin-
A. 9097 15
ued placement in the program is appropriate. No person convicted of any
escape or absconding offense defined in article two hundred five of the
penal law shall be eligible for temporary release. Further, no person
under sentence for aggravated harassment of an employee by an incarcer-
ated individual as defined in section 240.32 of the penal law for, any
homicide offense defined in article one hundred twenty-five of the penal
law, for any sex offense defined in article one hundred thirty of the
penal law, or for an offense defined in section 255.25, 255.26 or 255.27
of the penal law shall be eligible to participate in a work release
program as defined in subdivision three of this section. Nor shall any
person under sentence for any sex offense defined in article one hundred
thirty of the penal law be eligible to participate in a community
services program as defined in subdivision five of this section.
Notwithstanding the foregoing, no person who is an otherwise eligible
incarcerated individual who is under sentence for a crime involving: (a)
infliction of serious physical injury upon another as defined in the
penal law or (b) any other offense involving the use or threatened use
of a deadly weapon may participate in a temporary release program with-
out the written approval of the commissioner. The commissioner shall
promulgate regulations giving direction to the temporary release commit-
tee at each institution in order to aid such committees in carrying out
this mandate.
§ 38-a. The opening paragraph of subdivision 2 of section 851 of the
correction law, as amended by section 228-b of chapter 322 of the laws
of 2021, is amended to read as follows:
"Eligible incarcerated individual" means: a person confined in an
institution who is eligible for release on parole or who will become
eligible for release on parole or conditional release within two years.
Provided, that a person under a determinate sentence as a second felony
drug offender for a class B felony offense defined in article two
hundred twenty of the penal law, who was sentenced pursuant to section
70.70 of such law, shall not be eligible to participate in a temporary
release program until the time served under imprisonment for his or her
determinate sentence, including any jail time credited pursuant to the
provisions of article seventy of the penal law, shall be at least eigh-
teen months. In the case of a person serving an indeterminate sentence
of imprisonment imposed pursuant to the penal law in effect after
September one, nineteen hundred sixty-seven, for the purposes of this
article parole eligibility shall be upon the expiration of the minimum
period of imprisonment fixed by the court or where the court has not
fixed any period, after service of the minimum period fixed by the state
board of [parole] RE-ENTRY. If an incarcerated individual is denied
release on parole, such incarcerated individual shall not be deemed an
eligible incarcerated individual until he or she is within two years of
his or her next scheduled appearance before the state [parole] RE-ENTRY
board. In any case where an incarcerated individual is denied release on
parole while participating in a temporary release program, the depart-
ment shall review the status of the incarcerated individual to determine
if continued placement in the program is appropriate. No person
convicted of any escape or absconding offense defined in article two
hundred five of the penal law shall be eligible for temporary release.
Nor shall any person under sentence for any sex offense defined in arti-
cle one hundred thirty of the penal law be eligible to participate in a
community services program as defined in subdivision five of this
section. Notwithstanding the foregoing, no person who is an otherwise
eligible incarcerated individual who is under sentence for a crime
A. 9097 16
involving: (a) infliction of serious physical injury upon another as
defined in the penal law, (b) a sex offense involving forcible compul-
sion, or (c) any other offense involving the use or threatened use of a
deadly weapon may participate in a temporary release program without the
written approval of the commissioner. The commissioner shall promulgate
regulations giving direction to the temporary release committee at each
institution in order to aid such committees in carrying out this
mandate.
§ 39. Subdivision 1 of section 852 of the correction law, as added by
chapter 472 of the laws of 1969, is amended to read as follows:
1. The commissioner of correction shall designate one or more insti-
tutions for the conduct of work release programs. Upon such designation
the commissioner, with the approval of the [chairman] CHAIRPERSON of the
board of [parole] RE-ENTRY, shall promulgate rules and regulations
consistent with the provisions of this article for the administration of
work release programs at any institution designated, and shall appoint
or cause to be appointed a work release committee for such institution.
§ 40. Subdivision 6 of section 855 of the correction law, as amended
by section 231-a of chapter 322 of the laws of 2021, is amended to read
as follows:
6. Participation in a work release program shall be a privilege. Noth-
ing contained in this article may be construed to confer upon any incar-
cerated individual the right to participate, or to continue to partic-
ipate, in a work release program. The warden of the institution may at
any time, and upon recommendation of the work release committee or of
the [chairman] CHAIRPERSON of the state board of [parole] RE-ENTRY or
his or her designee shall, revoke any incarcerated individual's privi-
lege to participate in a program of work release.
§ 41. Subdivision 9 of section 855 of the correction law, as amended
by section 231 of chapter 322 of the laws of 2021, is amended to read as
follows:
9. Participation in a temporary release program shall be a privilege.
Nothing contained in this article may be construed to confer upon any
incarcerated individual the right to participate, or to continue to
participate, in a temporary release program. The superintendent of the
institution may at any time, and upon recommendation of the temporary
release committee or of the commissioner or of the [chairman] CHAIR-
PERSON of the state board of [parole] RE-ENTRY or his or her designee
shall, revoke any incarcerated individual's privilege to participate in
a program of temporary release in accordance with regulations promulgat-
ed by the commissioner.
§ 42. Subdivisions 2 and 5 of section 856 of the correction law, as
amended by section 232 of chapter 322 of the laws of 2021, are amended
to read as follows:
2. If the incarcerated individual violates any provision of the
program, or any rule or regulation promulgated by the commissioner for
conduct of incarcerated individuals participating in temporary release
programs, such incarcerated individual shall be subject to disciplinary
measures to the same extent as if he or she violated a rule or regu-
lation of the commissioner for conduct of incarcerated individuals with-
in the premises of the institution. The failure of an incarcerated indi-
vidual to voluntarily return to the institution of his or her
confinement more than ten hours after his or her prescribed time of
return shall create a rebuttable presumption that the failure to return
was intentional. Any incarcerated individual who is found to have inten-
tionally failed to return pursuant to this subdivision shall be an
A. 9097 17
absconder in violation of his or her temporary release program and will
not be an eligible incarcerated individual as defined in subdivision two
of section eight hundred fifty-one of this [chapter] ARTICLE. The
creation of such rebuttable presumption shall not be admissible in any
court of law as evidence of the commission of any crime defined in the
penal law. A full report of any such violation, a summary of the facts
and findings of the disciplinary hearing and disciplinary measures
taken, shall be made available to the board for the incarcerated indi-
vidual's next scheduled appearance before the state board of [parole]
RE-ENTRY including any defense or explanation offered by the incarcerat-
ed individual in response at such hearing.
5. Upon the conclusion or termination of a temporary release program,
a full report of the incarcerated individual's performance in such
program shall be prepared in accordance with regulations of the commis-
sioner. Such report shall include but not be limited to: adjustment to
release, supervision contacts, statement of any violations of the terms
and conditions of release and of any disciplinary actions taken, and an
assessment of the incarcerated individual's suitability for parole. Such
report shall be made available to the state board of [parole] RE-ENTRY
for the incarcerated individual's next scheduled appearance before such
board.
§ 43. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
procedure law, as amended by chapter 449 of the laws of 2015, is amended
to read as follows:
(d) such records shall be made available to the person accused or to
such person's designated agent, and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
enforcement agency upon ex parte motion in any superior court, or in any
district court, city court or the criminal court of the city of New York
provided that such court sealed the record, if such agency demonstrates
to the satisfaction of the court that justice requires that such records
be made available to it, or (iii) any state or local officer or agency
with responsibility for the issuance of licenses to possess guns, when
the accused has made application for such a license, or (iv) the New
York state department of corrections and community supervision when the
accused is on parole supervision as a result of conditional release or a
parole release granted by the New York state board of [parole] RE-ENTRY,
and the arrest which is the subject of the inquiry is one which occurred
while the accused was under such supervision, or (v) any prospective
employer of a police officer or peace officer as those terms are defined
in subdivisions thirty-three and thirty-four of section 1.20 of this
chapter, in relation to an application for employment as a police offi-
cer or peace officer; provided, however, that every person who is an
applicant for the position of police officer or peace officer shall be
furnished with a copy of all records obtained under this paragraph and
afforded an opportunity to make an explanation thereto, or (vi) the
probation department responsible for supervision of the accused when the
arrest which is the subject of the inquiry is one which occurred while
the accused was under such supervision; and
§ 44. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 449 of the laws of 2015, is amended
to read as follows:
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
A. 9097 18
in which the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
parte motion in any superior court, or in any district court, city court
or the criminal court of the city of New York provided that such court
sealed the record, if such agency demonstrates to the satisfaction of
the court that justice requires that such records be made available to
it, or (iii) any state or local officer or agency with responsibility
for the issuance of licenses to possess guns, when the accused has made
application for such a license, or (iv) the New York state department of
corrections and community supervision when the accused is under parole
supervision as a result of conditional release or parole release granted
by the New York state board of [parole] RE-ENTRY and the arrest which is
the subject of the inquiry is one which occurred while the accused was
under such supervision, or (v) the probation department responsible for
supervision of the accused when the arrest which is the subject of the
inquiry is one which occurred while the accused was under such super-
vision, or (vi) a police agency, probation department, sheriff's office,
district attorney's office, department of correction of any municipality
and parole department, for law enforcement purposes, upon arrest in
instances in which the individual stands convicted of harassment in the
second degree, as defined in section 240.26 of the penal law, committed
against a member of the same family or household as the defendant, as
defined in subdivision one of section 530.11 of this chapter, and deter-
mined pursuant to subdivision eight-a of section 170.10 of this title;
and
§ 45. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
procedure law, as amended by chapter 31 of the laws of 2019, is amended
to read as follows:
(a) Not less than one court day prior to sentencing, unless such time
requirement is waived by the parties, the pre-sentence report or memo-
randum shall be made available by the court for examination and for
copying by the defendant's attorney, the defendant himself OR HERSELF,
if he OR SHE has no attorney, and the prosecutor. In its discretion, the
court may except from disclosure a part or parts of the report or memo-
randa which are not relevant to a proper sentence, or a diagnostic opin-
ion which might seriously disrupt a program of rehabilitation, or sourc-
es of information which have been obtained on a promise of
confidentiality, or any other portion thereof, disclosure of which would
not be in the interest of justice. In all cases where a part or parts of
the report or memoranda are not disclosed, the court shall state for the
record that a part or parts of the report or memoranda have been
excepted and the reasons for its action. The action of the court except-
ing information from disclosure shall be subject to appellate review.
The pre-sentence report shall be made available by the court for exam-
ination and copying in connection with any appeal in the case, including
an appeal under this subdivision. Upon written request, the court shall
make a copy of the presentence report, other than a part or parts of the
report redacted by the court pursuant to this paragraph, available to
the defendant for use before the [parole] board OF RE-ENTRY for release
consideration or an appeal of a [parole] board OF RE-ENTRY determination
or an application for resentencing pursuant to section 440.46 or 440.47
of this chapter. In his or her written request to the court the defend-
ant shall affirm that he or she anticipates an appearance before the
[parole] board OF RE-ENTRY or intends to file an administrative appeal
of a [parole] board OF RE-ENTRY determination or meets the eligibility
criteria for and intends to file a motion for resentencing pursuant to
A. 9097 19
440.46 of this chapter or has received notification from the court which
received his or her request to apply for resentencing pursuant to
section 440.47 of this chapter confirming that he or she is eligible to
submit an application for resentencing pursuant to section 440.47 of
this chapter. The court shall respond to the defendant's written request
within twenty days from receipt of the defendant's written request.
§ 46. Subdivision 6 of section 410.91 of the criminal procedure law,
as amended by section 76 of subpart B of part C of chapter 62 of the
laws of 2011, is amended to read as follows:
6. Upon delivery of the defendant to the reception center, he or she
shall be given a copy of the conditions of parole by a representative of
the department of corrections and community supervision and shall
acknowledge receipt of a copy of the conditions in writing. The condi-
tions shall be established in accordance with article twelve-B of the
executive law and the rules and regulations of the board of [parole]
RE-ENTRY. Thereafter and while the parolee is participating in the
intensive drug treatment program provided at the drug treatment campus,
the department of corrections and community supervision shall assess the
parolee's special needs and shall develop an intensive program of parole
supervision that will address the parolee's substance abuse history and
which shall include periodic urinalysis testing. Unless inappropriate,
such program shall include the provision of treatment services by a
community-based substance abuse service provider which has a contract
with the department of corrections and community supervision.
§ 47. Paragraph (a) of subdivision 5 of section 430.20 of the criminal
procedure law, as amended by chapter 788 of the laws of 1971, is amended
to read as follows:
(a) If the sentence also includes a term of imprisonment, commitment
must be to the same institution as is designated for service of the term
of imprisonment, and the period of commitment commences (i) when the
term of imprisonment is satisfied, or (ii) with the approval of the
state board of [parole] RE-ENTRY, when the defendant becomes eligible
for parole, or (iii) when the defendant becomes eligible for conditional
release, whichever occurs first; provided, however, that the court may
direct that the period of imprisonment for the fine run concurrently
with the term of imprisonment; and
§ 48. Subdivision 1 of section 440.50 of the criminal procedure law,
as amended by chapter 322 of the laws of 2021, is amended to read as
follows:
1. Upon the request of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a violent
felony offense as defined in section 70.02 of the penal law, a felony
defined in article one hundred twenty-five of such law, or a felony
defined in article one hundred thirty of such law, the district attorney
shall, within sixty days of the final disposition of the case, inform
the victim by letter of such final disposition. If such final disposi-
tion results in the commitment of the defendant to the custody of the
department of corrections and community supervision for an indeterminate
sentence, the notice provided to the crime victim shall also inform the
victim of his or her right to submit a written, audiotaped, or vide-
otaped victim impact statement to the department of corrections and
community supervision or to meet personally with a member of the state
board of [parole] RE-ENTRY at a time and place separate from the
personal interview between a member or members of the board and the
incarcerated individual and make such a statement, subject to procedures
and limitations contained in rules of the board, both pursuant to subdi-
A. 9097 20
vision two of section two hundred fifty-nine-i of the executive law. A
copy of such letter shall be provided to the board of [parole] RE-ENTRY.
The right of the victim under this subdivision to submit a written
victim impact statement or to meet personally with a member of the state
board of [parole] RE-ENTRY applies to each personal interview between a
member or members of the board and the incarcerated individual.
§ 49. Subdivision 5 of section 190 of the judiciary law, as added by
chapter 477 of the laws of 1988, is amended to read as follows:
5. Notwithstanding any other provision of law to the contrary, any
proceeding which the supreme court has jurisdiction to entertain to
review the actions or determinations of the state board of [parole]
RE-ENTRY.
§ 50. Paragraph 1 of subdivision (d) of section 10.11 of the mental
hygiene law, as amended by section 118-e of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
(1) A person's regimen of strict and intensive supervision and treat-
ment may be revoked if such a person violates a condition of strict and
intensive supervision. If a parole officer has reasonable cause to
believe that the person has violated a condition of the regimen of
strict and intensive supervision and treatment or, if there is an oral
or written evaluation or report by a treating professional indicating
that the person may be a dangerous sex offender requiring confinement, a
parole officer authorized in the same manner as provided in subparagraph
(i) of paragraph (a) of subdivision three of section two hundred fifty-
nine-i of the executive law may take the person into custody and trans-
port the person for lodging in a secure treatment facility or a local
correctional facility for an evaluation by a psychiatric examiner, which
evaluation shall be conducted within five days. A parole officer may
take the person, under custody, to a psychiatric center for prompt eval-
uation, and at the end of the examination, return the person to the
place of lodging. A parole officer, as authorized by this paragraph, may
direct a peace officer, acting pursuant to his or her special duties, or
a police officer who is a member of an authorized police department or
force or of a sheriff's department, to take the person into custody and
transport the person as provided in this paragraph. It shall be the duty
of such peace officer or police officer to take into custody and trans-
port any such person upon receiving such direction. The department of
corrections and community supervision shall promptly notify the attorney
general and the mental hygiene legal service, when a person is taken
into custody pursuant to this paragraph. No provision of this section
shall preclude the board of [parole] RE-ENTRY from proceeding with a
revocation hearing as authorized by subdivision three of section two
hundred fifty-nine-i of the executive law.
§ 51. Subdivision 2 of section 579 of the public health law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
2. This title shall not be applicable to and the department shall not
have the power to regulate pursuant to this title: (a) any examination
performed by a state or local government of materials derived from the
human body for use in criminal identification or as evidence in a crimi-
nal proceeding or for investigative purposes; (b) any test conducted
pursuant to paragraph (c) of subdivision four of section eleven hundred
ninety-four of the vehicle and traffic law and paragraph (c) of subdivi-
sion eight of section 25.24 of the parks, recreation and historic pres-
ervation law; (c) any examination performed by a state or local agency
of materials derived from the body of an incarcerated individual,
A. 9097 21
pretrial releasee, parolee, conditional releasee or probationer to (i)
determine, measure or otherwise describe the presence or absence of any
substance whose possession, ingestion or use is prohibited by law, the
rules of the department of corrections and community supervision, the
conditions of release established by the board of [parole] RE-ENTRY, the
conditions of release established by a court or a local conditional
release commission or the conditions of any program to which such indi-
viduals are referred and (ii) to determine whether there has been a
violation thereof; or (d) any examination performed by a coroner or
medical examiner for the medical-legal investigation of a death. Nothing
herein shall prevent the department from consulting with the division of
criminal justice services, the department of corrections and community
supervision, the state police, or any other state agency or commission,
at the request of the division of criminal justice services, the depart-
ment of corrections and community supervision, the state police, or such
other agency or commission, concerning examination of materials for
purposes other than public health.
§ 52. The opening paragraph of subdivision 3 of section 70.30 of the
penal law, as amended by chapter 1 of the laws of 1998, is amended to
read as follows:
The term of a definite sentence, a determinate sentence, or the maxi-
mum term of an indeterminate sentence imposed on a person shall be cred-
ited with and diminished by the amount of time the person spent in
custody prior to the commencement of such sentence as a result of the
charge that culminated in the sentence. In the case of an indeterminate
sentence, if the minimum period of imprisonment has been fixed by the
court or by the board of [parole] RE-ENTRY, the credit shall also be
applied against the minimum period. The credit herein provided shall be
calculated from the date custody under the charge commenced to the date
the sentence commences and shall not include any time that is credited
against the term or maximum term of any previously imposed sentence or
period of post-release supervision to which the person is subject. Where
the charge or charges culminate in more than one sentence, the credit
shall be applied as follows:
§ 52-a. The opening paragraph of subdivision 3 of section 70.30 of the
penal law, as separately amended by chapter 648 of the laws of 1979 and
chapter 1 of the laws of 1998, is amended to read as follows:
The term of a definite sentence or the maximum term of an indetermi-
nate sentence imposed on a person shall be credited with and diminished
by the amount of time the person spent in custody prior to the commence-
ment of such sentence as a result of the charge that culminated in the
sentence. In the case of an indeterminate sentence, if the minimum peri-
od of imprisonment has been fixed by the court or by the board of
[parole] RE-ENTRY, the credit shall also be applied against the minimum
period. The credit herein provided shall be calculated from the date
custody under the charge commenced to the date the sentence commences
and shall not include any time that is credited against the term or
maximum term of any previously imposed sentence or period of post-re-
lease supervision to which the person is subject. Where the charge or
charges culminate in more than one sentence, the credit shall be applied
as follows:
§ 53. The opening paragraph of paragraph (a), paragraph (b) and para-
graph (c) of subdivision 1, and subdivisions 2 and 3 of section 70.40 of
the penal law, the opening paragraph of paragraph (a) as amended by
section 127-c, paragraph (b) as amended by section 127-d-1 and paragraph
(c) as amended by section 127-f of subpart B of part C of chapter 62 of
A. 9097 22
the laws of 2011, subdivision 2 as amended by section 127-g of subpart B
of part C of chapter 62 of the laws of 2011, and subdivision 3 as
amended by chapter 427 of the laws of 2021, are amended to read as
follows:
Release on parole shall be in the discretion of the state board of
[parole] RE-ENTRY, and such person shall continue service of his or her
sentence or sentences while on parole, in accordance with and subject to
the provisions of the executive law and the correction law.
(b) A person who is serving one or more than one indeterminate or
determinate sentence of imprisonment shall, if he or she so requests, be
conditionally released from the institution in which he or she is
confined when the total good behavior time allowed to him or her, pursu-
ant to the provisions of the correction law, is equal to the unserved
portion of his or her term, maximum term or aggregate maximum term;
provided, however, that (i) in no event shall a person serving one or
more indeterminate sentence of imprisonment and one or more determinate
sentence of imprisonment which run concurrently be conditionally
released until serving at least six-sevenths of the determinate term of
imprisonment which has the longest unexpired time to run and (ii) in no
event shall a person be conditionally released prior to the date on
which such person is first eligible for discretionary parole release.
The conditions of release, including those governing post-release super-
vision, shall be such as may be imposed by the state board of [parole]
RE-ENTRY in accordance with the provisions of the executive law.
Every person so released shall be under the supervision of the state
department of corrections and community supervision for a period equal
to the unserved portion of the term, maximum term, aggregate maximum
term, or period of post-release supervision.
(c) A person who is serving one or more than one indeterminate
sentence of imprisonment shall, if he or she so requests, be released
from the institution in which he or she is confined if granted presump-
tive release pursuant to section eight hundred six of the correction
law. The conditions of release shall be such as may be imposed by the
state board of [parole] RE-ENTRY in accordance with the provisions of
the executive law. Every person so released shall be under the super-
vision of the department of corrections and community supervision for a
period equal to the unserved portion of his or her maximum or aggregate
maximum term unless discharged in accordance with law.
2. Definite sentence. A person who is serving one or more than one
definite sentence of imprisonment with a term or aggregate term in
excess of ninety days, and is eligible for release according to the
criteria set forth in paragraphs (a), (b) and (c) of subdivision one of
section two hundred seventy-three of the correction law, may, if he or
she so requests, be conditionally released from the institution in which
he or she is confined at any time after service of sixty days of that
term, exclusive of credits allowed under subdivisions four and six of
section 70.30 OF THIS ARTICLE. In computing service of sixty days, the
credit allowed for jail time under subdivision three of section 70.30 OF
THIS ARTICLE shall be calculated as time served. Conditional release
from such institution shall be in the discretion of the [parole] board
OF RE-ENTRY, or a local conditional release commission established
pursuant to article twelve of the correction law, provided, however that
where such release is by a local conditional release commission, the
person must be serving a definite sentence with a term in excess of one
hundred twenty days and may only be released after service of ninety
days of such term. In computing service of ninety days, the credit
A. 9097 23
allowed for jail time under subdivision three of section 70.30 of this
article shall be calculated as time served. A conditional release grant-
ed under this subdivision shall be upon such conditions as may be
imposed by the [parole] board OF RE-ENTRY, in accordance with the
provisions of the executive law, or a local conditional release commis-
sion in accordance with the provisions of the correction law.
Conditional release shall interrupt service of the sentence or
sentences and the remaining portion of the term or aggregate term shall
be held in abeyance. Every person so released shall be under the super-
vision of the department of corrections and community supervision or a
local probation department and in the custody of the local conditional
release commission in accordance with article twelve of the correction
law, for a period of one year. The local probation department shall
cause complete records to be kept of every person released to its super-
vision pursuant to this subdivision. The department of corrections and
community supervision may supply to a local probation department and the
local conditional release commission custody information and records
maintained on persons under the supervision of such local probation
department to aid in the performance of its supervision responsibil-
ities. Compliance with the conditions of release during the period of
supervision shall satisfy the portion of the term or aggregate term that
has been held in abeyance.
3. Delinquency. (a) When a person is alleged to have violated the
terms of presumptive release or parole by absconding, and the state
board of [parole] RE-ENTRY has declared such person to be delinquent,
the declaration of delinquency shall interrupt the person's sentence as
of the date of the delinquency and such interruption shall continue
until the releasee's appearance in response to a notice of violation or
the date of the execution of a warrant, whichever is earlier.
(b) When a person is alleged to have violated the terms of his or her
conditional release or post-release supervision by absconding and has
been declared delinquent by the [parole] board OF RE-ENTRY or the local
conditional release commission having supervision over such person, the
declaration of delinquency shall interrupt the period of supervision or
post-release supervision as of the date of the delinquency. For a condi-
tional release, such interruption shall continue until the releasee's
appearance in response to a notice of violation or the date of the
execution of a warrant, whichever is earlier. For a person released to
post-release supervision, the provisions of section 70.45 of this arti-
cle shall apply.
(c) Any time spent by a person in custody from the time of execution
of a warrant pursuant to paragraph (a) of subdivision three of section
two hundred fifty-nine-i of the executive law to the time service of the
sentence resumes shall be credited against the term or maximum term of
the interrupted sentence.
§ 53-a. Subparagraph (i) of paragraph (a) and paragraph (b) of subdi-
vision 1 of section 70.40 of the penal law, subparagraph (i) of para-
graph (a) as amended by section 127-d and paragraph (b) as amended by
section 127-e of subpart B of part C of chapter 62 of the laws of 2011,
are amended to read as follows:
(i) A person who is serving one or more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
or she is confined at any time after the expiration of the minimum or
the aggregate minimum period of imprisonment of the sentence or
sentences or after the successful completion of a shock incarceration
program, as defined in article twenty-six-A of the correction law,
A. 9097 24
whichever is sooner. Release on parole shall be in the discretion of the
state board of [parole] RE-ENTRY, and such person shall continue service
of his or her sentence or sentences while on parole, in accordance with
and subject to the provisions of the executive law and the correction
law.
(b) A person who is serving one or more than one indeterminate
sentence of imprisonment shall, if he or she so requests, be condi-
tionally released from the institution in which he or she is confined
when the total good behavior time allowed to him or her, pursuant to the
provisions of the correction law, is equal to the unserved portion of
his or her maximum or aggregate maximum term. The conditions of release,
including those governing post-release supervision, shall be such as may
be imposed by the state board of [parole] RE-ENTRY in accordance with
the provisions of the executive law.
Every person so released shall be under the supervision of the depart-
ment of corrections and community supervision for a period equal to the
unserved portion of the maximum, aggregate maximum term, or period of
post-release supervision.
§ 54. Subdivisions 1-a and 3 of section 70.45 of the penal law, subdi-
vision 1-a as added by chapter 7 of the laws of 2007 and subdivision 3
as added by chapter 1 of the laws of 1998, are amended to read as
follows:
1-a. When, following a final hearing, a time assessment has been
imposed upon a person convicted of a felony sex offense who owes three
years or more on a period of post-release supervision, imposed pursuant
to subdivision two-a of this section, such defendant, after serving
three years of the time assessment, shall be reviewed by the board of
[parole] RE-ENTRY and may be re-released to post-release supervision
only upon a determination by the board of [parole] RE-ENTRY made in
accordance with subdivision two of section two hundred fifty-nine-i of
the executive law. If re-release is not granted, the board shall specify
a date not more than twenty-four months from such determination for
reconsideration, and the procedures to be followed upon reconsideration
shall be the same. If a time assessment of less than three years is
imposed upon such a defendant, the defendant shall be released upon the
expiration of such time assessment, unless he or she is subject to
further imprisonment or confinement under any provision of law.
3. Conditions of post-release supervision. The board of [parole]
RE-ENTRY shall establish and impose conditions of post-release super-
vision in the same manner and to the same extent as it may establish and
impose conditions in accordance with the executive law upon persons who
are granted parole or conditional release; provided that, notwithstand-
ing any other provision of law, the board of [parole] RE-ENTRY may
impose as a condition of post-release supervision that for a period not
exceeding six months immediately following release from the underlying
term of imprisonment the person be transferred to and participate in the
programs of a residential treatment facility as that term is defined in
subdivision six of section two of the correction law. Upon release from
the underlying term of imprisonment, the person shall be furnished with
a written statement setting forth the conditions of post-release super-
vision in sufficient detail to provide for the person's conduct and
supervision.
§ 55. Section 240.32 of the penal law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 240.32 Aggravated harassment of an employee by an incarcerated indi-
vidual.
A. 9097 25
An incarcerated individual or respondent is guilty of aggravated
harassment of an employee by an incarcerated individual when, with
intent to harass, annoy, threaten or alarm a person in a facility whom
he or she knows or reasonably should know to be an employee of such
facility or the board of [parole] RE-ENTRY or the office of mental
health, or a probation department, bureau or unit or a police officer,
he or she causes or attempts to cause such employee to come into contact
with blood, seminal fluid, urine, feces, or the contents of a toilet
bowl, by throwing, tossing or expelling such fluid or material.
For purposes of this section, "incarcerated individual" means an
incarcerated individual or detainee in a correctional facility, local
correctional facility or a hospital, as such term is defined in subdivi-
sion two of section four hundred of the correction law. For purposes of
this section, "respondent" means a juvenile in a secure facility oper-
ated and maintained by the office of children and family services who is
placed with or committed to the office of children and family services.
For purposes of this section, "facility" means a correctional facility
or local correctional facility, hospital, as such term is defined in
subdivision two of section four hundred of the correction law, or a
secure facility operated and maintained by the office of children and
family services.
Aggravated harassment of an employee by an incarcerated individual is
a class E felony.
§ 56. This act shall take effect immediately; provided, however, that:
(a) the amendments to subdivision 2 of section 259-m of the executive
law made by section fifteen of this act shall be subject to the repeal
of such section pursuant to section 3 of chapter 688 of the laws of
2003, as amended, and shall be deemed repealed therewith;
(b) the amendments to subdivision 6 of section 710.91 of the criminal
procedure law made by section twenty-eight of this act shall not affect
the repeal of such section and shall be deemed repealed therewith;
(c) the amendments to section 805 of the correction law made by
section thirty-seven of this act shall be subject to the expiration and
reversion of such section pursuant to chapter 261 of the laws of 1987
and subdivision d of section 74 of chapter 3 of the laws of 1995, as
amended, when upon such date the provisions of section thirty-seven-a of
this act shall take effect;
(d) the amendments to subdivision 2 of section 851 of the correction
law made by section thirty-eight of this act shall be subject to the
expiration of such subdivision and section pursuant to subdivision (c)
of section 46 of chapter 60 of the laws of 1994 and section 10 of chap-
ter 339 of the laws of 1972, as amended, when upon such date the
provisions of section thirty-eight-a of this act shall take effect;
(e) section thirty-nine of this act shall take effect on the same date
as the reversion of subdivision 1 of section 852 of the correction law
as provided by section 10 of chapter 339 of the laws of 1972, as
amended;
(f) section forty of this act shall take effect on the same date as
the reversion of subdivision 6 of section 855 of the correction law as
provided by section 10 of chapter 339 of the laws of 1972, as amended;
(g) the amendments to subdivision 9 of section 855 of the correction
law, made by section forty-one of this act, shall not affect the expira-
tion of such section and shall expire therewith;
(h) the amendments to subdivisions 2 and 5 of section 856 of the
correction law made by section forty-two of this act shall not affect
the expiration of such section and shall expire therewith;
A. 9097 26
(i) the amendments to the opening paragraph of subdivision 3 of
section 70.30 of the penal law made by section fifty-two of this act
shall be subject to the reversion of such subdivision pursuant to subdi-
vision d of section 74 of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of section fifty-two-a of this act
shall take effect;
(j) the amendments to the opening paragraph of paragraph (a) and para-
graph (b) of subdivision 1 of section 70.40 of the penal law made by
section fifty-three of this act shall be subject to the reversion of
such subdivision 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 fifty-three-a of this act shall take effect; and
(k) the amendments to paragraph (c) of subdivision 1 of section 70.40
of the penal law made by section fifty-three of this act shall not
affect the repeal of such paragraph and shall be deemed repealed there-
with.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
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