NY State Senate Bill 2025-S3024

Senate Bill S3024

2025-2026 Legislative Session

Relates to the state board of parole membership, interviews with incarcerated individuals, and determination of parole

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	referred to crime victims, crime and correction

2025-S3024 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§259-b & 259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9017
2021-2022: S3716
2023-2024: S1412

2025-S3024 (ACTIVE) - Summary

Allows for the removal of members of the state board of parole by a majority vote in the senate and the assembly; requires three or more members of such board personally interview potential parolees; requires that the determination to parole an incarcerated individual be unanimous.

2025-S3024 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3024

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the executive law, in relation to the state board of
parole membership, interviews with incarcerated individuals, and deter-
mination of parole

 
PURPOSE:

This bill allows members of the New York State Parole Board to be
removed by a majority vote of the Senate and the Assembly in addition to
removal by the Governor and removes cause language. This bill also
requires a minimum of three members to interview inmates seeking parole
and require a unanimous vote of the 3 members for each determination on
parole.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 259-b of the Executive Law by allowing a member
of the parole board to be removed by a majority vote in the Senate and

the Assembly in addition to the Governor. This section also removes
language "for cause after an opportunity to be heard."

Sections 2 and 3 amend section 259-i of the Executive Law requiring a
minimum of three or more members of the parole board to personally
interview each inmate and determine whether he or she should be paroled.
These sections would also require such determination to be made by unan-
imous agreement of the board.

Section 4 contains the effective date, immediately.

 
JUSTIFICATION:

Recently, the New York State Parole Board has made several questionable
determinations granting early release for violent criminals who have
committed horrific crimes. Some of these criminals have been released
back to the streets by 2-1 decisions by members of the parole board.
These split decisions demonstrate that at least one member of the parole
board deems these criminals still not ready to be released. Requiring a
unanimous agreement by the parole board would help to eliminate any
doubt in parole determinations. This legislation also provides the
legislature to remove parole board members they deem unfit.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S.1412/A.5225 Referred to Crime Victims, Crime and Correction

2021-2022: S. 3716 Referred to Crime Victims, Crime and Correction

2019-2020: Referred to Rules.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNM NONE.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3024 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3024
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06908-01-5

 S. 3024                             2
 
 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.

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