S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7532
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A. BARCLAY, PALMESANO, WALSH, MANKTELOW, REILLY,
   FRIEND, DiPIETRO, DeSTEFANO, BRABENEC, MORINELLO, RA,  TAGUE,  HAWLEY,
   McDONOUGH,  MIKULIN, BLANKENBUSH, GALLAHAN, SIMPSON, LEMONDES, FITZPA-
   TRICK, MILLER, TANNOUSIS, ANGELINO, NOVAKHOV, BROOK-KRASNY,  DURSO  --
   Multi-Sponsored  by  -- M. of A. K. BROWN -- read once and referred to
   the Committee on Correction
 
 AN ACT to amend the executive law, in relation to  the  state  board  of
   parole  membership,  interviews  with  incarcerated  individuals,  and
   determination of parole
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of section 259-b of the executive law, as
 amended by section 38-a of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   6. Any member of the board may be removed by the governor  [for  cause
 after  an  opportunity  to be heard] OR BY A MAJORITY VOTE IN THE SENATE
 AND THE ASSEMBLY.
   § 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
 259-i  of  the  executive  law, as amended by chapter 486 of the laws of
 2022, is amended to read as follows:
   (i) Except as provided in subparagraph  (ii)  of  this  paragraph,  at
 least  one  month  prior to the date on which an incarcerated individual
 may be paroled pursuant to subdivision one of section 70.40 of the penal
 law, a [member or] MINIMUM OF THREE OR MORE members as determined by the
 rules of the board shall personally interview such incarcerated individ-
 ual and determine whether [he or she] THEY should be paroled in  accord-
 ance with the guidelines adopted pursuant to subdivision four of section
 two  hundred  fifty-nine-c of this article. SUCH DETERMINATION TO PAROLE
 SUCH INCARCERATED INDIVIDUAL SHALL BE  UNANIMOUS  BY  AGREEMENT  OF  THE
 BOARD. If parole is not granted upon such review, the incarcerated indi-
 vidual  shall be informed in writing within two weeks of such appearance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06908-01-5
              

 A. 7532                             2
 
 of the factors and reasons for such denial of parole. Such reasons shall
 be given in detail and not in conclusory terms. The board shall  specify
 a  date  not  more  than  twenty-four months from such determination for
 reconsideration,  and the procedures to be followed upon reconsideration
 shall be the same. If the incarcerated individual is  released,  [he  or
 she] THEY shall be given a copy of the conditions of parole. Such condi-
 tions  shall  where  appropriate, include a requirement that the parolee
 comply with any restitution order,  mandatory  surcharge,  sex  offender
 registration  fee  and DNA databank fee previously imposed by a court of
 competent jurisdiction that applies to the parolee. The conditions shall
 indicate which restitution collection agency established under  subdivi-
 sion  eight  of  section  420.10 of the criminal procedure law, shall be
 responsible for collection  of  restitution,  mandatory  surcharge,  sex
 offender  registration  fees  and  DNA  databank fees as provided for in
 section 60.35 of the penal law and section eighteen hundred nine of  the
 vehicle and traffic law. If the incarcerated individual is released, [he
 or  she]  THEY shall also be notified in writing that [his or her] THEIR
 voting rights will be restored upon release.
   § 3. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as  amended by chapter 486 of the laws of 2022, is amended to read
 as follows:
   (a) At least one month prior to the expiration of the  minimum  period
 or  periods  of  imprisonment fixed by the court or board, a [member or]
 MINIMUM OF THREE OR MORE members as determined by the rules of the board
 shall personally interview an incarcerated individual serving  an  inde-
 terminate  sentence  and  determine  whether  [he or she] THEY should be
 paroled at the expiration of the minimum period or periods in accordance
 with the procedures adopted pursuant to subdivision four of section  two
 hundred  fifty-nine-c of this article. SUCH DETERMINATION TO PAROLE SUCH
 INCARCERATED INDIVIDUAL SHALL BE UNANIMOUS BY AGREEMENT OF THE BOARD. If
 parole is not granted upon  such  review,  the  incarcerated  individual
 shall  be informed in writing within two weeks of such appearance of the
 factors and reasons for such denial of parole.  Such  reasons  shall  be
 given  in  detail and not in conclusory terms. The board shall specify a
 date not more than twenty-four months from such determination for recon-
 sideration, and the procedures to be followed upon reconsideration shall
 be the same. If the incarcerated individual is  released,  [he  or  she]
 THEY  shall be given a copy of the conditions of parole. Such conditions
 shall where appropriate, include a requirement that the  parolee  comply
 with any restitution order and mandatory surcharge previously imposed by
 a  court  of  competent  jurisdiction  that  applies to the parolee. The
 conditions shall indicate which  restitution  collection  agency  estab-
 lished  under subdivision eight of section 420.10 of the criminal proce-
 dure law, shall be responsible for collection of restitution and  manda-
 tory  surcharge  as  provided  for in section 60.35 of the penal law and
 section eighteen hundred nine of the vehicle and  traffic  law.  If  the
 incarcerated  individual  is  released,  [he or she]  THEY shall also be
 notified in writing that [his  or  her]  THEIR  voting  rights  will  be
 restored upon release.
   §  4. This act shall take effect immediately, provided that the amend-
 ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
 tive law made by section two of this act shall be subject to the expira-
 tion  and  reversion  of  such  paragraph  pursuant  to subdivision d of
 section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
 date the provisions of section three of this act shall take effect.